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91_SB1412 LRB9109484NTksC 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. 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 it, to discuss their 15 child's behavior. Such request shall be made by registered or 16 certified mail and shall state the time, place and purpose of 17 the meeting. The board, or a hearing officer appointed by it, 18 at such meeting shall state the reasons for dismissal and the 19 date on which the expulsion is to become effective. If a 20 hearing officer is appointed by the board he shall report to 21 the board a written summary of the evidence heard at the 22 meeting and the board may take such action thereon as it 23 finds appropriate. An expulsion decision shall be made on an 24 individual basis. 25 (b) To suspend or by regulation to authorize the 26 superintendent of the district or the principal, assistant 27 principal, or dean of students of any school to suspend 28 pupils guilty of gross disobedience or misconduct, or to 29 suspend pupils guilty of gross disobedience or misconduct on 30 the school bus from riding the school bus, and no action 31 shall lie against them for such suspension. The board may by -2- LRB9109484NTksC 1 regulation authorize the superintendent of the district or 2 the principal, assistant principal, or dean of students of 3 any school to suspend pupils guilty of such acts for a period 4 not to exceed 10 school days. If a pupil is suspended due to 5 gross disobedience or misconduct on a school bus, the board 6 may suspend the pupil in excess of 10 school days for safety 7 reasons. Any suspension shall be reported immediately to the 8 parents or guardian of such pupil along with a full statement 9 of the reasons for such suspension and a notice of their 10 right to a review, a copy of which shall be given to the 11 school board. Upon request of the parents or guardian the 12 school board or a hearing officer appointed by it shall 13 review such action of the superintendent or principal, 14 assistant principal, or dean of students. At such review the 15 parents or guardian of the pupil may appear and discuss the 16 suspension with the board or its hearing officer. If a 17 hearing officer is appointed by the board he shall report to 18 the board a written summary of the evidence heard at the 19 meeting. After its hearing or upon receipt of the written 20 report of its hearing officer, the board may take such action 21 as it finds appropriate. 22 (c) The Department of Human Services shall be invited to 23 send a representative to consult with the board at such 24 meeting whenever there is evidence that mental illness may be 25 the cause for expulsion or suspension. 26 (d) The board may expel a student for a definite period 27 of time not to exceed one
2calendar year years, as 28 determined on a case by case basis. A student who is 29 determined to have brought a weapon to school, any 30 school-sponsored activity or event, or any activity or event 31 which bears a reasonable relationship to school shall be 32 expelled for a period of not less thanone year, except that 33 the expulsion period may be modified by the superintendent, 34 and the superintendent's determination may be modified by the -3- LRB9109484NTksC 1 board on a case by case basis. For the purpose of this 2 Section, the term "weapon" means (1) possession, use, 3 control, or transfer of any gun, rifle, shotgun, weapon as 4 defined by Section 921 of Title 18, United States Code, 5 firearm as defined in Section 1.1 of the Firearm Owners 6 Identification Act, or use of a weapon as defined in Section 7 24-1 of the Criminal Code, (2) any other object if used or 8 attempted to be used to cause bodily harm, including but not 9 limited to, knives, brass knuckles, or billy clubs, or (3) 10 "look alikes" of any weapon as defined in this Section. 11 Expulsion or suspension shall be construed in a manner 12 consistent with the Federal Individuals with Disabilities 13 Education Act. A student who is subject to suspension or 14 expulsion as provided in this Section may be eligible for a 15 transfer to an alternative school program in accordance with 16 Article 13A of the School Code. The provisions of this 17 subsection (d) apply in all school districts, including 18 special charter districts and districts organized under 19 Article 34. 20 (e) To maintain order and security in the schools, 21 school authorities may inspect and search places and areas 22 such as lockers, desks, parking lots, and other school 23 property and equipment owned or controlled by the school, as 24 well as personal effects left in those places and areas by 25 students, without notice to or the consent of the student, 26 and without a search warrant. As a matter of public policy, 27 the General Assembly finds that students have no reasonable 28 expectation of privacy in these places and areas or in their 29 personal effects left in these places and areas. School 30 authorities may request the assistance of law enforcement 31 officials for the purpose of conducting inspections and 32 searches of lockers, desks, parking lots, and other school 33 property and equipment owned or controlled by the school for 34 illegal drugs, weapons, or other illegal or dangerous -4- LRB9109484NTksC 1 substances or materials, including searches conducted through 2 the use of specially trained dogs. If a search conducted in 3 accordance with this Section produces evidence that the 4 student has violated or is violating either the law, local 5 ordinance, or the school's policies or rules, such evidence 6 may be seized by school authorities, and disciplinary action 7 may be taken. School authorities may also turn over such 8 evidence to law enforcement authorities. The provisions of 9 this subsection (e) apply in all school districts, including 10 special charter districts and districts organized under 11 Article 34. 12 (f) Suspension or expulsion may include suspension or 13 expulsion from school and all school activities and a 14 prohibition from being present on school grounds. 15 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97; 16 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff. 17 1-1-98; 90-757, eff. 8-14-98.) 18 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) 19 Sec. 34-19. By-laws, rules and regulations; business 20 transacted at regular meetings; voting; records. The board 21 shall, subject to the limitations in this Article, establish 22 by-laws, rules and regulations, which shall have the force of 23 ordinances, for the proper maintenance of a uniform system of 24 discipline for both employees and pupils, and for the entire 25 management of the schools, and may fix the school age of 26 pupils, the minimum of which in kindergartens shall not be 27 under 4 years and in grade schools shall not be under 6 28 years. It may expel, suspend or, subject to the limitations 29 of all policies established or adopted under Section 14-8.05, 30 otherwise discipline any pupil found guilty of gross 31 disobedience, misconduct or other violation of the by-laws, 32 rules and regulations. An expulsion decision shall be made 33 on an individual basis. The bylaws, rules and regulations of -5- LRB9109484NTksC 1 the board shall be enacted, money shall be appropriated or 2 expended, salaries shall be fixed or changed, and textbooks 3 and courses of instruction shall be adopted or changed only 4 at the regular meetings of the board and by a vote of a 5 majority of the full membership of the board; provided that 6 notwithstanding any other provision of this Article or the 7 School Code, neither the board or any local school council 8 may purchase any textbook for use in any public school of the 9 district from any textbook publisher that fails to furnish 10 any computer diskettes as required under Section 28-21. The 11 board shall be further encouraged to provide opportunities 12 for public hearing and testimony before the adoption of 13 bylaws, rules and regulations. Upon all propositions 14 requiring for their adoption at least a majority of all the 15 members of the board the yeas and nays shall be taken and 16 reported. The by-laws, rules and regulations of the board 17 shall not be repealed, amended or added to, except by a vote 18 of 2/3 of the full membership of the board. The board shall 19 keep a record of all its proceedings. Such records and all 20 by-laws, rules and regulations, or parts thereof, may be 21 proved by a copy thereof certified to be such by the 22 secretary of the board, but if they are printed in book or 23 pamphlet form which are purported to be published by 24 authority of the board they need not be otherwise published 25 and the book or pamphlet shall be received as evidence, 26 without further proof, of the records, by-laws, rules and 27 regulations, or any part thereof, as of the dates thereof as 28 shown in such book or pamphlet, in all courts and places 29 where judicial proceedings are had. 30 Notwithstanding any other provision in this Article or in 31 the School Code, the board may delegate to the general 32 superintendent or to the attorney the authorities granted to 33 the board in the School Code, provided such delegation and 34 appropriate oversight procedures are made pursuant to board -6- LRB9109484NTksC 1 by-laws, rules and regulations, adopted as herein provided, 2 except that the board may not delegate its authorities and 3 responsibilities regarding (1) budget approval obligations; 4 (2) rule-making functions; (3) desegregation obligations; (4) 5 real estate acquisition, sale or lease in excess of 10 years 6 as provided in Section 34-21; (5) the levy of taxes; or (6) 7 any mandates imposed upon the board by "An Act in relation to 8 school reform in cities over 500,000, amending Acts herein 9 named", approved December 12, 1988 (P.A. 85-1418). 10 (Source: P.A. 88-45; 89-15, eff. 5-30-95.) 11 Section 99. Effective date. This Act takes effect upon 12 becoming law.
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