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91_HB3402ham001
LRB9112315NTksam
1 AMENDMENT TO HOUSE BILL 3402
2 AMENDMENT NO. . Amend House Bill 3402 by replacing
3 everything after the enacting clause with the following:
4 "Section 5. The School Code is amended by changing
5 Sections 2-3.13a and 10-22.6 as follows:
6 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
7 Sec. 2-3.13a. Scholastic records; transferring students.
8 The State Board of Education shall establish and implement
9 rules requiring all of the public schools and all private or
10 nonpublic elementary and secondary schools located in this
11 State, whenever any such school has a student who is
12 transferring to any other public elementary or secondary
13 school located in this or in any other state, to forward
14 within 10 days of notice of the student's transfer an
15 unofficial record of that student's grades to the school to
16 which such student is transferring. Each public school at
17 the same time also shall forward to the school to which the
18 student is transferring the remainder of the student's school
19 student records as required by the Illinois School Student
20 Records Act. In addition, if a student is transferring from a
21 public school, whether located in this or any other state,
22 from which the student has been suspended or expelled for any
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1 reason knowingly possessing in a school building or on school
2 grounds a weapon as defined in the Gun Free Schools Act (20
3 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
4 delivering in a school building or on school grounds a
5 controlled substance or cannabis, or for battering a staff
6 member of the school, and if the period of suspension or
7 expulsion has not expired at the time the student attempts to
8 transfer into another public school in the same or any other
9 school district: (i) any school student records required to
10 be transferred shall include the date and duration of the
11 period of suspension or expulsion; and (ii) with the
12 exception of transfers into the Department of Corrections
13 school district, the student shall not be permitted to attend
14 class in the public school into which he or she is
15 transferring until the student has served the entire period
16 of the suspension or expulsion imposed by the school from
17 which the student is transferring, provided that the school
18 board may approve the placement of the student in an
19 alternative school program established under Article 13A of
20 this Act. Each public school and each private or nonpublic
21 elementary or secondary school in this State shall within 10
22 days after the student has paid all of his or her outstanding
23 fines and fees and at its own expense forward an official
24 transcript of the scholastic records of each student
25 transferring from that school in strict accordance with the
26 provisions of this Section and the rules established by the
27 State Board of Education as herein provided.
28 The State Board of Education shall develop a one-page
29 standard form that Illinois school districts are required to
30 provide to any student who is moving out of the school
31 district and that contains the information about whether or
32 not the student is "in good standing" and whether or not his
33 or her medical records are up-to-date and complete. As used
34 in this Section, "in good standing" means that the student is
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1 not being disciplined by a suspension or expulsion, but is
2 entitled to attend classes. No school district shall is
3 required to admit a new student who is transferring from
4 another Illinois school district unless (i) he or she can
5 produce the standard form from the student's previous school
6 district enrollment and (ii) this form clearly indicates that
7 the student is not currently serving a suspension or
8 expulsion. No school district shall is required to admit a
9 new student who is transferring from an out-of-state public
10 school, a private or parochial school regardless of location,
11 or a school located outside of the United States unless the
12 parent or guardian of the student certifies in writing (i)
13 whether that the student is or is not currently serving a
14 suspension or expulsion imposed by the school from which the
15 student is transferring and (ii) if the student is currently
16 serving a suspension or expulsion, the date the suspension or
17 expulsion began and a description of the incident that
18 resulted in the suspension or expulsion, which description
19 shall be sufficiently specific so as to enable the school
20 district into which the student is transferring to determine
21 the length of suspension or expulsion that would have
22 resulted had the incident occurred at that school district.
23 Subject to the provisions and limitations under
24 subsection (g) of Section 10-22.6 of this Code, a school
25 district into which a student is transferring shall delay the
26 admittance of the student if the student is currently serving
27 a suspension or expulsion imposed by the school or school
28 district from which he or she is transferring.
29 (Source: P.A. 91-365, eff. 7-30-99.)
30 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
31 Sec. 10-22.6. Suspension or expulsion of pupils; school
32 searches.
33 (a) To expel pupils guilty of gross disobedience or
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1 misconduct, and no action shall lie against them for such
2 expulsion. Expulsion shall take place only after the parents
3 have been requested to appear at a meeting of the board, or
4 with a hearing officer appointed by it, to discuss their
5 child's behavior. Such request shall be made by registered or
6 certified mail and shall state the time, place and purpose of
7 the meeting. The board, or a hearing officer appointed by it,
8 at such meeting shall state the reasons for dismissal and the
9 date on which the expulsion is to become effective. If a
10 hearing officer is appointed by the board he shall report to
11 the board a written summary of the evidence heard at the
12 meeting and the board may take such action thereon as it
13 finds appropriate.
14 (b) To suspend or by regulation to authorize the
15 superintendent of the district or the principal, assistant
16 principal, or dean of students of any school to suspend
17 pupils guilty of gross disobedience or misconduct, or to
18 suspend pupils guilty of gross disobedience or misconduct on
19 the school bus from riding the school bus, and no action
20 shall lie against them for such suspension. The board may by
21 regulation authorize the superintendent of the district or
22 the principal, assistant principal, or dean of students of
23 any school to suspend pupils guilty of such acts for a period
24 not to exceed 10 school days. If a pupil is suspended due to
25 gross disobedience or misconduct on a school bus, the board
26 may suspend the pupil in excess of 10 school days for safety
27 reasons. Any suspension shall be reported immediately to the
28 parents or guardian of such pupil along with a full statement
29 of the reasons for such suspension and a notice of their
30 right to a review, a copy of which shall be given to the
31 school board. Upon request of the parents or guardian the
32 school board or a hearing officer appointed by it shall
33 review such action of the superintendent or principal,
34 assistant principal, or dean of students. At such review the
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1 parents or guardian of the pupil may appear and discuss the
2 suspension with the board or its hearing officer. If a
3 hearing officer is appointed by the board he shall report to
4 the board a written summary of the evidence heard at the
5 meeting. After its hearing or upon receipt of the written
6 report of its hearing officer, the board may take such action
7 as it finds appropriate.
8 (c) The Department of Human Services shall be invited to
9 send a representative to consult with the board at such
10 meeting whenever there is evidence that mental illness may be
11 the cause for expulsion or suspension.
12 (d) The board may expel a student for a definite period
13 of time not to exceed 2 calendar years, as determined on a
14 case by case basis. A student who is determined to have
15 brought a weapon to school, any school-sponsored activity or
16 event, or any activity or event which bears a reasonable
17 relationship to school shall be expelled for a period of not
18 less than one year, except that the expulsion period may be
19 modified by the superintendent, and the superintendent's
20 determination may be modified by the board on a case by case
21 basis. For the purpose of this Section, the term "weapon"
22 means (1) possession, use, control, or transfer of any gun,
23 rifle, shotgun, weapon as defined by Section 921 of Title 18,
24 United States Code, firearm as defined in Section 1.1 of the
25 Firearm Owners Identification Act, or use of a weapon as
26 defined in Section 24-1 of the Criminal Code, (2) any other
27 object if used or attempted to be used to cause bodily harm,
28 including but not limited to, knives, brass knuckles, or
29 billy clubs, or (3) "look alikes" of any weapon as defined in
30 this Section. Expulsion or suspension shall be construed in a
31 manner consistent with the Federal Individuals with
32 Disabilities Education Act. A student who is subject to
33 suspension or expulsion as provided in this Section may be
34 eligible for a transfer to an alternative school program in
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1 accordance with Article 13A of the School Code. The
2 provisions of this subsection (d) apply in all school
3 districts, including special charter districts and districts
4 organized under Article 34.
5 (e) To maintain order and security in the schools,
6 school authorities may inspect and search places and areas
7 such as lockers, desks, parking lots, and other school
8 property and equipment owned or controlled by the school, as
9 well as personal effects left in those places and areas by
10 students, without notice to or the consent of the student,
11 and without a search warrant. As a matter of public policy,
12 the General Assembly finds that students have no reasonable
13 expectation of privacy in these places and areas or in their
14 personal effects left in these places and areas. School
15 authorities may request the assistance of law enforcement
16 officials for the purpose of conducting inspections and
17 searches of lockers, desks, parking lots, and other school
18 property and equipment owned or controlled by the school for
19 illegal drugs, weapons, or other illegal or dangerous
20 substances or materials, including searches conducted through
21 the use of specially trained dogs. If a search conducted in
22 accordance with this Section produces evidence that the
23 student has violated or is violating either the law, local
24 ordinance, or the school's policies or rules, such evidence
25 may be seized by school authorities, and disciplinary action
26 may be taken. School authorities may also turn over such
27 evidence to law enforcement authorities. The provisions of
28 this subsection (e) apply in all school districts, including
29 special charter districts and districts organized under
30 Article 34.
31 (f) Suspension or expulsion may include suspension or
32 expulsion from school and all school activities and a
33 prohibition from being present on school grounds.
34 (g) Subject to Section 2-3.13a of this Code, a student
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1 who is transferring into a school district and who is
2 currently serving a suspension or expulsion imposed by
3 another Illinois school district shall, by being denied
4 admission to the school district into which he or she is
5 transferring, effectively serve the balance of his or her
6 suspension or expulsion in the school district into which he
7 or she is transferring, provided that the total period of the
8 suspension or expulsion, by combining the amount of time
9 served in the school district from which the student is
10 transferring with the amount of time by which the student is
11 delayed admittance to the school district into which he or
12 she is transferring, shall not exceed 2 years.
13 Subject to Section 2-3.13a of this Code, a student who is
14 transferring into a school district and who is currently
15 serving a suspension or expulsion imposed by an out-of-state
16 public school, a private or parochial school regardless of
17 location, or a school located outside of the United States
18 shall, by being denied admission to the school district into
19 which he or she is transferring, effectively serve the
20 balance of his or her suspension or expulsion in the school
21 district into which he or she is transferring, provided that
22 the total period of the suspension or expulsion, by combining
23 the amount of time served at the school from which the
24 student is transferring with the amount of time by which the
25 student is delayed admittance to the school district into
26 which he or she is transferring, shall not exceed the lesser
27 of (i) the amount of time in which the school district into
28 which the student is transferring would normally suspend or
29 expel a student for the same incident that prompted
30 suspension or expulsion at the school from which the student
31 is transferring, (ii) the length of the suspension or
32 expulsion imposed by the school from which the student is
33 transferring, or (iii) 2 years.
34 The provisions of this subsection (g) apply in all school
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1 districts, including special charter districts and districts
2 organized under Article 34 of this Code.
3 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
4 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
5 1-1-98; 90-757, eff. 8-14-98.)
6 Section 99. Effective date. This Act takes effect upon
7 becoming law.".