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91_HB3991
LRB9113013NTks
1 AN ACT to amend the School Code by changing Sections
2 10-22.6 and 34-19.
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 Sections 10-22.6 and 34-19 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. A pupil may be expelled if he or she commits any
13 of the following offenses on school property, at a
14 school-sponsored activity or event, or at an activity or
15 event that bears a reasonable relationship to school:
16 (1) Intimidation under Section 12-6 of the Criminal
17 Code of 1961.
18 (2) Aggravated intimidation under Section 12-6.2 of
19 the Criminal Code of 1961.
20 (3) Aggravated battery under Section 12-4 of the
21 Criminal Code of 1961.
22 (4) Criminal sexual assault under Section 12-13 of
23 the Criminal Code of 1961.
24 (5) Aggravated criminal sexual assault under
25 Section 12-14 of the Criminal Code of 1961.
26 (6) Predatory criminal sexual assault of a child
27 under Section 12-14.1 of the Criminal Code of 1961.
28 (7) Criminal sexual abuse under Section 12-15 of
29 the Criminal Code of 1961.
30 (8) Aggravated criminal sexual abuse under Section
31 12-16 of the Criminal Code of 1961.
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1 (9) Theft under Section 16-1 of the Criminal Code
2 of 1961.
3 (10) Burglary under Section 19-1 of the Criminal
4 Code of 1961.
5 (11) Arson under Section 20-1 of the Criminal Code
6 of 1961.
7 (12) Aggravated arson under Section 20-1.1 of the
8 Criminal Code of 1961.
9 (13) Possession of explosives or explosive or
10 incendiary devices under Section 20-2 of the Criminal
11 Code of 1961.
12 (14) Criminal defacement of property under Section
13 21-1.3 of the Criminal Code of 1961 if damage to the
14 property exceeds $5,000.
15 (15) Criminal damage to government supported
16 property under Section 21-4 of the Criminal Code of 1961
17 if damage to the property exceeds $5,000.
18 (16) Unlawful delivery, use, or consumption of
19 cannabis listed in the Cannabis Control Act, a controlled
20 substance listed in the Illinois Controlled Substances
21 Act, or an intoxicating compound listed in the Use of
22 Intoxicating Compounds Act.
23 Expulsion shall take place only after the parents have
24 been requested to appear at a meeting of the board, or with a
25 hearing officer appointed by it, to discuss their child's
26 behavior. Such request shall be made by registered or
27 certified mail and shall state the time, place and purpose of
28 the meeting. The board, or a hearing officer appointed by it,
29 at such meeting shall state the reasons for dismissal and the
30 date on which the expulsion is to become effective. If a
31 hearing officer is appointed by the board he shall report to
32 the board a written summary of the evidence heard at the
33 meeting and the board may take such action thereon as it
34 finds appropriate.
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1 (b) To suspend or by regulation to authorize the
2 superintendent of the district or the principal, assistant
3 principal, or dean of students of any school to suspend
4 pupils guilty of gross disobedience or misconduct, or to
5 suspend pupils guilty of gross disobedience or misconduct on
6 the school bus from riding the school bus, and no action
7 shall lie against them for such suspension. The board may by
8 regulation authorize the superintendent of the district or
9 the principal, assistant principal, or dean of students of
10 any school to suspend pupils guilty of such acts for a period
11 not to exceed 10 school days. If a pupil is suspended due to
12 gross disobedience or misconduct on a school bus, the board
13 may suspend the pupil in excess of 10 school days for safety
14 reasons. Any suspension shall be reported immediately to the
15 parents or guardian of such pupil along with a full statement
16 of the reasons for such suspension and a notice of their
17 right to a review, a copy of which shall be given to the
18 school board. Upon request of the parents or guardian the
19 school board or a hearing officer appointed by it shall
20 review such action of the superintendent or principal,
21 assistant principal, or dean of students. At such review the
22 parents or guardian of the pupil may appear and discuss the
23 suspension with the board or its hearing officer. If a
24 hearing officer is appointed by the board he shall report to
25 the board a written summary of the evidence heard at the
26 meeting. After its hearing or upon receipt of the written
27 report of its hearing officer, the board may take such action
28 as it finds appropriate.
29 (c) The Department of Human Services shall be invited to
30 send a representative to consult with the board at such
31 meeting whenever there is evidence that mental illness may be
32 the cause for expulsion or suspension.
33 (d) The board may expel a student for a definite period
34 of time not to exceed 2 calendar years, as determined on a
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1 case by case basis. A student who is determined to have
2 brought a weapon to school, any school-sponsored activity or
3 event, or any activity or event which bears a reasonable
4 relationship to school shall be expelled for a period of not
5 less than one year, except that the expulsion period may be
6 modified by the superintendent, and the superintendent's
7 determination may be modified by the board on a case by case
8 basis. For the purpose of this Section, the term "weapon"
9 means (1) possession, use, control, or transfer of any gun,
10 rifle, shotgun, weapon as defined by Section 921 of Title 18,
11 United States Code, firearm as defined in Section 1.1 of the
12 Firearm Owners Identification Act, or use of a weapon as
13 defined in Section 24-1 of the Criminal Code of 1961, (2) any
14 other object if used or attempted to be used to cause bodily
15 harm, including but not limited to, knives, brass knuckles,
16 or billy clubs, or (3) "look alikes" of any weapon as
17 defined in this Section. Expulsion or suspension shall be
18 construed in a manner consistent with the Federal Individuals
19 with Disabilities Education Act. A student who is subject to
20 suspension or expulsion as provided in this Section may be
21 eligible for a transfer to an alternative school program in
22 accordance with Article 13A of the School Code. The
23 provisions of this subsection (d) apply in all school
24 districts, including special charter districts and districts
25 organized under Article 34.
26 (e) To maintain order and security in the schools,
27 school authorities may inspect and search places and areas
28 such as lockers, desks, parking lots, and other school
29 property and equipment owned or controlled by the school, as
30 well as personal effects left in those places and areas by
31 students, without notice to or the consent of the student,
32 and without a search warrant. As a matter of public policy,
33 the General Assembly finds that students have no reasonable
34 expectation of privacy in these places and areas or in their
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1 personal effects left in these places and areas. School
2 authorities may request the assistance of law enforcement
3 officials for the purpose of conducting inspections and
4 searches of lockers, desks, parking lots, and other school
5 property and equipment owned or controlled by the school for
6 illegal drugs, weapons, or other illegal or dangerous
7 substances or materials, including searches conducted through
8 the use of specially trained dogs. If a search conducted in
9 accordance with this Section produces evidence that the
10 student has violated or is violating either the law, local
11 ordinance, or the school's policies or rules, such evidence
12 may be seized by school authorities, and disciplinary action
13 may be taken. School authorities may also turn over such
14 evidence to law enforcement authorities. The provisions of
15 this subsection (e) apply in all school districts, including
16 special charter districts and districts organized under
17 Article 34.
18 (f) Suspension or expulsion may include suspension or
19 expulsion from school and all school activities and a
20 prohibition from being present on school grounds.
21 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
22 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
23 1-1-98; 90-757, eff. 8-14-98.)
24 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
25 Sec. 34-19. By-laws, rules and regulations; business
26 transacted at regular meetings; voting; records. The board
27 shall, subject to the limitations in this Article, establish
28 by-laws, rules and regulations, which shall have the force of
29 ordinances, for the proper maintenance of a uniform system of
30 discipline for both employees and pupils, and for the entire
31 management of the schools, and may fix the school age of
32 pupils, the minimum of which in kindergartens shall not be
33 under 4 years and in grade schools shall not be under 6
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1 years. It may expel, suspend or, subject to the limitations
2 of all policies established or adopted under Section 14-8.05,
3 otherwise discipline any pupil found guilty of gross
4 disobedience, misconduct or other violation of the by-laws,
5 rules and regulations. A pupil may be expelled if he or she
6 commits any of the following offenses on school property, at
7 a school-sponsored activity or event, or at an activity or
8 event that bears a reasonable relationship to school:
9 (1) Intimidation under Section 12-6 of the Criminal
10 Code of 1961.
11 (2) Aggravated intimidation under Section 12-6.2 of
12 the Criminal Code of 1961.
13 (3) Aggravated battery under Section 12-4 of the
14 Criminal Code of 1961.
15 (4) Criminal sexual assault under Section 12-13 of
16 the Criminal Code of 1961.
17 (5) Aggravated criminal sexual assault under
18 Section 12-14 of the Criminal Code of 1961.
19 (6) Predatory criminal sexual assault of a child
20 under Section 12-14.1 of the Criminal Code of 1961.
21 (7) Criminal sexual abuse under Section 12-15 of
22 the Criminal Code of 1961.
23 (8) Aggravated criminal sexual abuse under Section
24 12-16 of the Criminal Code of 1961.
25 (9) Theft under Section 16-1 of the Criminal Code
26 of 1961.
27 (10) Burglary under Section 19-1 of the Criminal
28 Code of 1961.
29 (11) Arson under Section 20-1 of the Criminal Code
30 of 1961.
31 (12) Aggravated arson under Section 20-1.1 of the
32 Criminal Code of 1961.
33 (13) Possession of explosives or explosive or
34 incendiary devices under Section 20-2 of the Criminal
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1 Code of 1961.
2 (14) Criminal defacement of property under Section
3 21-1.3 of the Criminal Code of 1961 if damage to the
4 property exceeds $5,000.
5 (15) Criminal damage to government supported
6 property under Section 21-4 of the Criminal Code of 1961
7 if damage to the property exceeds $5,000.
8 (16) Unlawful delivery, use, or consumption of
9 cannabis listed in the Cannabis Control Act, a controlled
10 substance listed in the Illinois Controlled Substances
11 Act, or an intoxicating compound listed in the Use of
12 Intoxicating Compounds Act.
13 The bylaws, rules and regulations of the board shall be
14 enacted, money shall be appropriated or expended, salaries
15 shall be fixed or changed, and textbooks and courses of
16 instruction shall be adopted or changed only at the regular
17 meetings of the board and by a vote of a majority of the full
18 membership of the board; provided that notwithstanding any
19 other provision of this Article or the School Code, neither
20 the board or any local school council may purchase any
21 textbook for use in any public school of the district from
22 any textbook publisher that fails to furnish any computer
23 diskettes as required under Section 28-21. The board shall be
24 further encouraged to provide opportunities for public
25 hearing and testimony before the adoption of bylaws, rules
26 and regulations. Upon all propositions requiring for their
27 adoption at least a majority of all the members of the board
28 the yeas and nays shall be taken and reported. The by-laws,
29 rules and regulations of the board shall not be repealed,
30 amended or added to, except by a vote of 2/3 of the full
31 membership of the board. The board shall keep a record of all
32 its proceedings. Such records and all by-laws, rules and
33 regulations, or parts thereof, may be proved by a copy
34 thereof certified to be such by the secretary of the board,
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1 but if they are printed in book or pamphlet form which are
2 purported to be published by authority of the board they need
3 not be otherwise published and the book or pamphlet shall be
4 received as evidence, without further proof, of the records,
5 by-laws, rules and regulations, or any part thereof, as of
6 the dates thereof as shown in such book or pamphlet, in all
7 courts and places where judicial proceedings are had.
8 Notwithstanding any other provision in this Article or in
9 the School Code, the board may delegate to the general
10 superintendent or to the attorney the authorities granted to
11 the board in the School Code, provided such delegation and
12 appropriate oversight procedures are made pursuant to board
13 by-laws, rules and regulations, adopted as herein provided,
14 except that the board may not delegate its authorities and
15 responsibilities regarding (1) budget approval obligations;
16 (2) rule-making functions; (3) desegregation obligations; (4)
17 real estate acquisition, sale or lease in excess of 10 years
18 as provided in Section 34-21; (5) the levy of taxes; or (6)
19 any mandates imposed upon the board by "An Act in relation to
20 school reform in cities over 500,000, amending Acts herein
21 named", approved December 12, 1988 (P.A. 85-1418).
22 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
23 Section 99. Effective date. This Act takes effect on
24 July 1, 2000.