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Public Act 097-0340


 

Public Act 0340 97TH GENERAL ASSEMBLY



 


 
Public Act 097-0340
 
HB3281 EnrolledLRB097 08251 NHT 48377 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 and 34-19 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, 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.
    (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, 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 such 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.
    (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.
    (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 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 1961. 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. The provisions of this
subsection (d) apply in all school districts, including special
charter districts and districts organized under Article 34.
    (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 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. The provisions of this subsection (d-5)
apply in all school districts, including special charter
districts and districts organized under Article 34 of this
Code.
    (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. The
provisions of this subsection (e) apply in all school
districts, including special charter districts and districts
organized under Article 34.
    (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 before being admitted into the school district. This
policy may allow placement of the student in an alternative
school program established under Article 13A of this Code, if
available, for the remainder of the suspension or expulsion.
This subsection (g) applies to all school districts, including
special charter districts and districts organized under
Article 34 of this Code.
(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)
 
    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
    Sec. 34-19. By-laws, rules and regulations; business
transacted at regular meetings; voting; records. The board
shall, subject to the limitations in this Article, establish
by-laws, rules and regulations, which shall have the force of
ordinances, for the proper maintenance of a uniform system of
discipline for both employees and pupils, and for the entire
management of the schools, and may fix the school age of
pupils, the minimum of which in kindergartens shall not be
under 4 years, except that, based upon an assessment of the
child's readiness, children who have attended a non-public
preschool and continued their education at that school through
kindergarten, were taught in kindergarten by an appropriately
certified teacher, and will attain the age of 6 years on or
before December 31 of the year of the 2009-2010 school term and
each school term thereafter may attend first grade upon
commencement of such term, and in grade schools shall not be
under 6 years. It may expel, suspend or, subject to the
limitations of all policies established or adopted under
Section 14-8.05, otherwise discipline any pupil found guilty of
gross disobedience, misconduct or other violation of the
by-laws, rules and regulations, including gross disobedience
or misconduct perpetuated by electronic means. The bylaws,
rules and regulations of the board shall be enacted, money
shall be appropriated or expended, salaries shall be fixed or
changed, and textbooks, electronic textbooks, and courses of
instruction shall be adopted or changed only at the regular
meetings of the board and by a vote of a majority of the full
membership of the board; provided that notwithstanding any
other provision of this Article or the School Code, neither the
board or any local school council may purchase any textbook for
use in any public school of the district from any textbook
publisher that fails to furnish any computer diskettes as
required under Section 28-21. Funds appropriated for textbook
purchases must be available for electronic textbook purchases
and the technological equipment necessary to gain access to and
use electronic textbooks at the local school council's
discretion. The board shall be further encouraged to provide
opportunities for public hearing and testimony before the
adoption of bylaws, rules and regulations. Upon all
propositions requiring for their adoption at least a majority
of all the members of the board the yeas and nays shall be
taken and reported. The by-laws, rules and regulations of the
board shall not be repealed, amended or added to, except by a
vote of 2/3 of the full membership of the board. The board
shall keep a record of all its proceedings. Such records and
all by-laws, rules and regulations, or parts thereof, may be
proved by a copy thereof certified to be such by the secretary
of the board, but if they are printed in book or pamphlet form
which are purported to be published by authority of the board
they need not be otherwise published and the book or pamphlet
shall be received as evidence, without further proof, of the
records, by-laws, rules and regulations, or any part thereof,
as of the dates thereof as shown in such book or pamphlet, in
all courts and places where judicial proceedings are had.
    Notwithstanding any other provision in this Article or in
the School Code, the board may delegate to the general
superintendent or to the attorney the authorities granted to
the board in the School Code, provided such delegation and
appropriate oversight procedures are made pursuant to board
by-laws, rules and regulations, adopted as herein provided,
except that the board may not delegate its authorities and
responsibilities regarding (1) budget approval obligations;
(2) rule-making functions; (3) desegregation obligations; (4)
real estate acquisition, sale or lease in excess of 10 years as
provided in Section 34-21; (5) the levy of taxes; or (6) any
mandates imposed upon the board by "An Act in relation to
school reform in cities over 500,000, amending Acts herein
named", approved December 12, 1988 (P.A. 85-1418).
(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)

Effective Date: 1/1/2012