Public Act 100-0810
 
SB3466 EnrolledLRB100 20758 AXK 36241 b

    AN ACT concerning education.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The School Code is amended by changing Sections
10-22.6, 26-2a, and 26-12 as follows:
 
    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
    Sec. 10-22.6. Suspension or expulsion of pupils; school
searches.
    (a) To expel pupils guilty of gross disobedience or
misconduct, including gross disobedience or misconduct
perpetuated by electronic means, pursuant to subsection (b-20)
of this Section, and no action shall lie against them for such
expulsion. Expulsion shall take place only after the parents
have been requested to appear at a meeting of the board, or
with a hearing officer appointed by it, to discuss their
child's behavior. Such request shall be made by registered or
certified mail and shall state the time, place and purpose of
the meeting. The board, or a hearing officer appointed by it,
at such meeting shall state the reasons for dismissal and the
date on which the expulsion is to become effective. If a
hearing officer is appointed by the board, he shall report to
the board a written summary of the evidence heard at the
meeting and the board may take such action thereon as it finds
appropriate. If the board acts to expel a pupil, the written
expulsion decision shall detail the specific reasons why
removing the pupil from the learning environment is in the best
interest of the school. The expulsion decision shall also
include a rationale as to the specific duration of the
expulsion. An expelled pupil may be immediately transferred to
an alternative program in the manner provided in Article 13A or
13B of this Code. A pupil must not be denied transfer because
of the expulsion, except in cases in which such transfer is
deemed to cause a threat to the safety of students or staff in
the alternative program.
    (b) To suspend or by policy to authorize the superintendent
of the district or the principal, assistant principal, or dean
of students of any school to suspend pupils guilty of gross
disobedience or misconduct, or to suspend pupils guilty of
gross disobedience or misconduct on the school bus from riding
the school bus, pursuant to subsections (b-15) and (b-20) of
this Section, and no action shall lie against them for such
suspension. The board may by policy authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend pupils
guilty of such acts for a period not to exceed 10 school days.
If a pupil is suspended due to gross disobedience or misconduct
on a school bus, the board may suspend the pupil in excess of
10 school days for safety reasons.
    Any suspension shall be reported immediately to the parents
or guardian of a pupil along with a full statement of the
reasons for such suspension and a notice of their right to a
review. The school board must be given a summary of the notice,
including the reason for the suspension and the suspension
length. Upon request of the parents or guardian, the school
board or a hearing officer appointed by it shall review such
action of the superintendent or principal, assistant
principal, or dean of students. At such review, the parents or
guardian of the pupil may appear and discuss the suspension
with the board or its hearing officer. If a hearing officer is
appointed by the board, he shall report to the board a written
summary of the evidence heard at the meeting. After its hearing
or upon receipt of the written report of its hearing officer,
the board may take such action as it finds appropriate. If a
student is suspended pursuant to this subsection (b), the board
shall, in the written suspension decision, detail the specific
act of gross disobedience or misconduct resulting in the
decision to suspend. The suspension decision shall also include
a rationale as to the specific duration of the suspension. A
pupil who is suspended in excess of 20 school days may be
immediately transferred to an alternative program in the manner
provided in Article 13A or 13B of this Code. A pupil must not
be denied transfer because of the suspension, except in cases
in which such transfer is deemed to cause a threat to the
safety of students or staff in the alternative program.
    (b-5) Among the many possible disciplinary interventions
and consequences available to school officials, school
exclusions, such as out-of-school suspensions and expulsions,
are the most serious. School officials shall limit the number
and duration of expulsions and suspensions to the greatest
extent practicable, and it is recommended that they use them
only for legitimate educational purposes. To ensure that
students are not excluded from school unnecessarily, it is
recommended that school officials consider forms of
non-exclusionary discipline prior to using out-of-school
suspensions or expulsions.
    (b-10) Unless otherwise required by federal law or this
Code, school boards may not institute zero-tolerance policies
by which school administrators are required to suspend or expel
students for particular behaviors.
    (b-15) Out-of-school suspensions of 3 days or less may be
used only if the student's continuing presence in school would
pose a threat to school safety or a disruption to other
students' learning opportunities. For purposes of this
subsection (b-15), "threat to school safety or a disruption to
other students' learning opportunities" shall be determined on
a case-by-case basis by the school board or its designee.
School officials shall make all reasonable efforts to resolve
such threats, address such disruptions, and minimize the length
of suspensions to the greatest extent practicable.
    (b-20) Unless otherwise required by this Code,
out-of-school suspensions of longer than 3 days, expulsions,
and disciplinary removals to alternative schools may be used
only if other appropriate and available behavioral and
disciplinary interventions have been exhausted and the
student's continuing presence in school would either (i) pose a
threat to the safety of other students, staff, or members of
the school community or (ii) substantially disrupt, impede, or
interfere with the operation of the school. For purposes of
this subsection (b-20), "threat to the safety of other
students, staff, or members of the school community" and
"substantially disrupt, impede, or interfere with the
operation of the school" shall be determined on a case-by-case
basis by school officials. For purposes of this subsection
(b-20), the determination of whether "appropriate and
available behavioral and disciplinary interventions have been
exhausted" shall be made by school officials. School officials
shall make all reasonable efforts to resolve such threats,
address such disruptions, and minimize the length of student
exclusions to the greatest extent practicable. Within the
suspension decision described in subsection (b) of this Section
or the expulsion decision described in subsection (a) of this
Section, it shall be documented whether other interventions
were attempted or whether it was determined that there were no
other appropriate and available interventions.
    (b-25) Students who are suspended out-of-school for longer
than 4 school days shall be provided appropriate and available
support services during the period of their suspension. For
purposes of this subsection (b-25), "appropriate and available
support services" shall be determined by school authorities.
Within the suspension decision described in subsection (b) of
this Section, it shall be documented whether such services are
to be provided or whether it was determined that there are no
such appropriate and available services.
    A school district may refer students who are expelled to
appropriate and available support services.
    A school district shall create a policy to facilitate the
re-engagement of students who are suspended out-of-school,
expelled, or returning from an alternative school setting.
    (b-30) A school district shall create a policy by which
suspended pupils, including those pupils suspended from the
school bus who do not have alternate transportation to school,
shall have the opportunity to make up work for equivalent
academic credit. It shall be the responsibility of a pupil's
parent or guardian to notify school officials that a pupil
suspended from the school bus does not have alternate
transportation to school.
    (c) The Department of Human Services shall be invited to
send a representative to consult with the board at such meeting
whenever there is evidence that mental illness may be the cause
for expulsion or suspension.
    (c-5) School districts shall make reasonable efforts to
provide ongoing professional development to teachers,
administrators, school board members, school resource
officers, and staff on the adverse consequences of school
exclusion and justice-system involvement, effective classroom
management strategies, culturally responsive discipline, the
appropriate and available supportive services for the
promotion of student attendance and engagement, and
developmentally appropriate disciplinary methods that promote
positive and healthy school climates.
    (d) The board may expel a student for a definite period of
time not to exceed 2 calendar years, as determined on a
case-by-case case by case basis. A student who is determined to
have brought one of the following objects to school, any
school-sponsored activity or event, or any activity or event
that bears a reasonable relationship to school shall be
expelled for a period of not less than one year:
        (1) A firearm. For the purposes of this Section,
    "firearm" means any gun, rifle, shotgun, weapon as defined
    by Section 921 of Title 18 of the United States Code,
    firearm as defined in Section 1.1 of the Firearm Owners
    Identification Card Act, or firearm as defined in Section
    24-1 of the Criminal Code of 2012. The expulsion period
    under this subdivision (1) may be modified by the
    superintendent, and the superintendent's determination may
    be modified by the board on a case-by-case basis.
        (2) A knife, brass knuckles or other knuckle weapon
    regardless of its composition, a billy club, or any other
    object if used or attempted to be used to cause bodily
    harm, including "look alikes" of any firearm as defined in
    subdivision (1) of this subsection (d). The expulsion
    requirement under this subdivision (2) may be modified by
    the superintendent, and the superintendent's determination
    may be modified by the board on a case-by-case basis.
Expulsion or suspension shall be construed in a manner
consistent with the Federal Individuals with Disabilities
Education Act. A student who is subject to suspension or
expulsion as provided in this Section may be eligible for a
transfer to an alternative school program in accordance with
Article 13A of the School Code.
    (d-5) The board may suspend or by regulation authorize the
superintendent of the district or the principal, assistant
principal, or dean of students of any school to suspend a
student for a period not to exceed 10 school days or may expel
a student for a definite period of time not to exceed 2
calendar years, as determined on a case-by-case case by case
basis, if (i) that student has been determined to have made an
explicit threat on an Internet website against a school
employee, a student, or any school-related personnel, (ii) the
Internet website through which the threat was made is a site
that was accessible within the school at the time the threat
was made or was available to third parties who worked or
studied within the school grounds at the time the threat was
made, and (iii) the threat could be reasonably interpreted as
threatening to the safety and security of the threatened
individual because of his or her duties or employment status or
status as a student inside the school.
    (e) To maintain order and security in the schools, school
authorities may inspect and search places and areas such as
lockers, desks, parking lots, and other school property and
equipment owned or controlled by the school, as well as
personal effects left in those places and areas by students,
without notice to or the consent of the student, and without a
search warrant. As a matter of public policy, the General
Assembly finds that students have no reasonable expectation of
privacy in these places and areas or in their personal effects
left in these places and areas. School authorities may request
the assistance of law enforcement officials for the purpose of
conducting inspections and searches of lockers, desks, parking
lots, and other school property and equipment owned or
controlled by the school for illegal drugs, weapons, or other
illegal or dangerous substances or materials, including
searches conducted through the use of specially trained dogs.
If a search conducted in accordance with this Section produces
evidence that the student has violated or is violating either
the law, local ordinance, or the school's policies or rules,
such evidence may be seized by school authorities, and
disciplinary action may be taken. School authorities may also
turn over such evidence to law enforcement authorities.
    (f) Suspension or expulsion may include suspension or
expulsion from school and all school activities and a
prohibition from being present on school grounds.
    (g) A school district may adopt a policy providing that if
a student is suspended or expelled for any reason from any
public or private school in this or any other state, the
student must complete the entire term of the suspension or
expulsion in an alternative school program under Article 13A of
this Code or an alternative learning opportunities program
under Article 13B of this Code before being admitted into the
school district if there is no threat to the safety of students
or staff in the alternative program.
    (h) School officials shall not advise or encourage students
to drop out voluntarily due to behavioral or academic
difficulties.
    (i) A student may not be issued a monetary fine or fee as a
disciplinary consequence, though this shall not preclude
requiring a student to provide restitution for lost, stolen, or
damaged property.
    (j) Subsections (a) through (i) of this Section shall apply
to elementary and secondary schools, charter schools, special
charter districts, and school districts organized under
Article 34 of this Code.
    (k) The expulsion of children enrolled in programs funded
under Section 1C-2 of this Code is subject to the requirements
under paragraph (7) of subsection (a) of Section 2-3.71 of this
Code.
(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
revised 1-22-18.)
 
    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
    Sec. 26-2a. A "truant" is defined as a child subject to
compulsory school attendance and who is absent without valid
cause from such attendance for a school day or portion thereof.
    "Valid cause" for absence shall be illness, observance of a
religious holiday, death in the immediate family, family
emergency, and shall include such other situations beyond the
control of the student as determined by the board of education
in each district, or such other circumstances which cause
reasonable concern to the parent for the mental, emotional, or
physical safety or health or safety of the student.
    "Chronic or habitual truant" shall be defined as a child
who is subject to compulsory school attendance and who is
absent without valid cause from such attendance for 5% or more
of the previous 180 regular attendance days.
    "Truant minor" is defined as a chronic truant to whom
supportive services, including prevention, diagnostic,
intervention and remedial services, alternative programs and
other school and community resources have been provided and
have failed to result in the cessation of chronic truancy, or
have been offered and refused.
    A "dropout" is defined as any child enrolled in grades 9
through 12 whose name has been removed from the district
enrollment roster for any reason other than the student's
death, extended illness, removal for medical non-compliance,
expulsion, aging out, graduation, or completion of a program of
studies and who has not transferred to another public or
private school and is not known to be home-schooled by his or
her parents or guardians or continuing school in another
country.
    "Religion" for the purposes of this Article, includes all
aspects of religious observance and practice, as well as
belief.
(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
 
    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
    Sec. 26-12. Punitive action.
    (a) No punitive action, including out of school
suspensions, expulsions or court action, shall be taken against
chronic truants for such truancy unless appropriate and
available supportive services and other school resources have
been provided to the student.
    (b) A school district may not refer a truant, chronic
truant, or truant minor to any other local public entity, as
defined under Section 1-206 of the Local Governmental and
Governmental Employees Tort Immunity Act, for that local public
entity to issue the child a fine or a fee as punishment for his
or her truancy.
    (c) A school district may refer any person having custody
or control of a truant, chronic truant, or truant minor to any
other local public entity, as defined under Section 1-206 of
the Local Governmental and Governmental Employees Tort
Immunity Act, for that local public entity to issue the person
a fine or fee for the child's truancy only if the school
district's truant officer, regional office of education, or
intermediate service center has been notified of the truant
behavior and the school district, regional office of education,
or intermediate service center has offered all appropriate and
available supportive services and other school resources to the
child. Before a school district may refer a person having
custody or control of a child to a municipality, as defined
under Section 1-1-2 of the Illinois Municipal Code, the school
district must provide the following appropriate and available
services:
        (1) For any child who is a homeless child, as defined
    under Section 1-5 of the Education for Homeless Children
    Act, a meeting between the child, the person having custody
    or control of the child, relevant school personnel, and a
    homeless liaison to discuss any barriers to the child's
    attendance due to the child's transitional living
    situation and to construct a plan that removes these
    barriers.
        (2) For any child with a documented disability, a
    meeting between the child, the person having custody or
    control of the child, and relevant school personnel to
    review the child's current needs and address the
    appropriateness of the child's placement and services. For
    any child subject to Article 14 of this Code, this meeting
    shall be an individualized education program meeting and
    shall include relevant members of the individualized
    education program team. For any child with a disability
    under Section 504 of the federal Rehabilitation Act of 1973
    (29 U.S.C. 794), this meeting shall be a Section 504 plan
    review and include relevant members of the Section 504 plan
    team.
        (3) For any child currently being evaluated by a school
    district for a disability or for whom the school has a
    basis of knowledge that the child is a child with a
    disability under 20 U.S.C. 1415(k)(5), the completion of
    the evaluation and determination of the child's
    eligibility for special education services.
    (d) Before a school district may refer a person having
custody or control of a child to a local public entity under
this Section, the school district must document any appropriate
and available supportive services offered to the child. In the
event a meeting under this Section does not occur, a school
district must have documentation that it made reasonable
efforts to convene the meeting at a mutually convenient time
and date for the school district and the person having custody
or control of the child and, but for the conduct of that
person, the meeting would have occurred.
(Source: P.A. 85-234.)