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Public Act 100-0105


 

Public Act 0105 100TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 100-0105
 
HB2663 EnrolledLRB100 10114 NHT 20288 b

    AN ACT concerning children.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 1. Findings and purposes.
    (a) The General Assembly finds all of the following:
        (1) Research suggests that school expulsion and
    suspension practices are associated with negative
    educational, health, and developmental outcomes for
    children.
        (2) Recent studies have shown that the expulsion of
    children in early care and educational settings is
    occurring at alarmingly high rates, particularly among
    certain racial and gender groups. A nationwide study on
    preschool expulsion found that preschoolers were expelled
    at more than 3 times the rate of kindergarten through
    twelfth grade students.
        (3) Recent data from the U.S. Department of Education
    indicate that there are significant disparities within
    this trend. African American boys make up 19% of preschool
    enrollment but 45% of preschoolers suspended more than
    once. Other research shows that while Hispanic and African
    American boys combined represent 46% of all boys in
    preschool, these children represent 55% of preschool boys
    suspended. Boys make up 79% of preschoolers suspended once
    and 82% of preschoolers suspended multiple times. African
    American girls also represent 54% of female children
    receiving one or more out-of-school suspensions, but only
    20% of female preschool enrollment overall.
        (4) A study completed in 2005 analyzing expulsion rates
    among states indicated that while this State reported the
    sixth-lowest expulsion rate of the 40 states surveyed,
    pre-kindergartners were expelled at a rate 3 times that of
    their older peers. A study conducted in 2002 in Chicago
    showed a high rate of expulsion, particularly in
    infant-toddler programs, with over 40% of child care
    programs asking a child to leave because of
    social-emotional and behavioral problems, with the most
    challenging behaviors being biting, hitting, and
    aggressive behavior.
        (5) This State has recently improved expulsion and
    suspension practices in grades kindergarten through 12 via
    Public Act 99-456, and the federal government has imposed
    new expulsion and suspension policy requirements on some
    federally funded early childhood programs. These
    protections are important, but inconsistent and
    incomplete, as they do not cover all children in Illinois
    early learning programs.
        (6) Access to infant and early childhood mental health
    consultants and positive behavior intervention and support
    have been shown to reduce or prevent expulsion and
    suspension in early care and education programs. Early
    childhood professionals also need training, technical
    assistance, and professional development support to ensure
    they are able to respond to the social-emotional needs of
    young children and to ensure successful student
    participation in programs.
        (7) Nationally and in this State, insufficient data
    collection hinders the ability to gauge the prevalence of
    expulsion or suspension of children from a range of early
    learning programs prior to formal school entry.
    (b) The purposes of this Act are to:
        (1) ensure that the goals of any disciplinary action by
    State-funded or State-licensed early childhood programs
    shall always include the well-being of all children,
    including those experiencing difficulties as well as
    others in the classroom, and prohibit the behavior-related
    removal of young children from early care and education
    settings without prior documentation, intervention, and
    planned transitions;
        (2) ensure that early childhood professionals have the
    resources needed to support children's social and
    emotional health and to address challenging behaviors; and
        (3) develop systems to track expulsion and suspension.
 
    Section 5. The School Code is amended by changing Sections
2-3.71, 2-3.71a, and 10-22.6 as follows:
 
    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
    Sec. 2-3.71. Grants for preschool educational programs.
    (a) Preschool program.
        (1) The State Board of Education shall implement and
    administer a grant program under the provisions of this
    subsection which shall consist of grants to public school
    districts and other eligible entities, as defined by the
    State Board of Education, to conduct voluntary preschool
    educational programs for children ages 3 to 5 which include
    a parent education component. A public school district
    which receives grants under this subsection may
    subcontract with other entities that are eligible to
    conduct a preschool educational program. These grants must
    be used to supplement, not supplant, funds received from
    any other source.
        (2) (Blank).
        (3) Any teacher of preschool children in the program
    authorized by this subsection shall hold an early childhood
    teaching certificate.
        (4) (Blank).
        (4.5) The State Board of Education shall provide the
    primary source of funding through appropriations for the
    program. Such funds shall be distributed to achieve a goal
    of "Preschool for All Children" for the benefit of all
    children whose families choose to participate in the
    program. Based on available appropriations, newly funded
    programs shall be selected through a process giving first
    priority to qualified programs serving primarily at-risk
    children and second priority to qualified programs serving
    primarily children with a family income of less than 4
    times the poverty guidelines updated periodically in the
    Federal Register by the U.S. Department of Health and Human
    Services under the authority of 42 U.S.C. 9902(2). For
    purposes of this paragraph (4.5), at-risk children are
    those who because of their home and community environment
    are subject to such language, cultural, economic and like
    disadvantages to cause them to have been determined as a
    result of screening procedures to be at risk of academic
    failure. Such screening procedures shall be based on
    criteria established by the State Board of Education.
        Except as otherwise provided in this paragraph (4.5),
    grantees under the program must enter into a memorandum of
    understanding with the appropriate local Head Start
    agency. This memorandum must be entered into no later than
    3 months after the award of a grantee's grant under the
    program, except that, in the case of the 2009-2010 program
    year, the memorandum must be entered into no later than the
    deadline set by the State Board of Education for
    applications to participate in the program in fiscal year
    2011, and must address collaboration between the grantee's
    program and the local Head Start agency on certain issues,
    which shall include without limitation the following:
            (A) educational activities, curricular objectives,
        and instruction;
            (B) public information dissemination and access to
        programs for families contacting programs;
            (C) service areas;
            (D) selection priorities for eligible children to
        be served by programs;
            (E) maximizing the impact of federal and State
        funding to benefit young children;
            (F) staff training, including opportunities for
        joint staff training;
            (G) technical assistance;
            (H) communication and parent outreach for smooth
        transitions to kindergarten;
            (I) provision and use of facilities,
        transportation, and other program elements;
            (J) facilitating each program's fulfillment of its
        statutory and regulatory requirements;
            (K) improving local planning and collaboration;
        and
            (L) providing comprehensive services for the
        neediest Illinois children and families.
    If the appropriate local Head Start agency is unable or
    unwilling to enter into a memorandum of understanding as
    required under this paragraph (4.5), the memorandum of
    understanding requirement shall not apply and the grantee
    under the program must notify the State Board of Education
    in writing of the Head Start agency's inability or
    unwillingness. The State Board of Education shall compile
    all such written notices and make them available to the
    public.
        (5) The State Board of Education shall develop and
    provide evaluation tools, including tests, that school
    districts and other eligible entities may use to evaluate
    children for school readiness prior to age 5. The State
    Board of Education shall require school districts and other
    eligible entities to obtain consent from the parents or
    guardians of children before any evaluations are
    conducted. The State Board of Education shall encourage
    local school districts and other eligible entities to
    evaluate the population of preschool children in their
    communities and provide preschool programs, pursuant to
    this subsection, where appropriate.
        (6) The State Board of Education shall report to the
    General Assembly by November 1, 2018 2010 and every 2 3
    years thereafter on the results and progress of students
    who were enrolled in preschool educational programs,
    including an assessment of which programs have been most
    successful in promoting academic excellence and
    alleviating academic failure. The State Board of Education
    shall assess the academic progress of all students who have
    been enrolled in preschool educational programs.
        On or before November 1 of each fiscal year in which
    the General Assembly provides funding for new programs
    under paragraph (4.5) of this Section, the State Board of
    Education shall report to the General Assembly on what
    percentage of new funding was provided to programs serving
    primarily at-risk children, what percentage of new funding
    was provided to programs serving primarily children with a
    family income of less than 4 times the federal poverty
    level, and what percentage of new funding was provided to
    other programs.
        (7) Due to evidence that expulsion practices in the
    preschool years are linked to poor child outcomes and are
    employed inconsistently across racial and gender groups,
    early childhood programs receiving State funds under this
    subsection (a) shall prohibit expulsions. Planned
    transitions to settings that are able to better meet a
    child's needs are not considered expulsion under this
    paragraph (7).
            (A) When persistent and serious challenging
        behaviors emerge, the early childhood program shall
        document steps taken to ensure that the child can
        participate safely in the program; including
        observations of initial and ongoing challenging
        behaviors, strategies for remediation and intervention
        plans to address the behaviors, and communication with
        the parent or legal guardian, including participation
        of the parent or legal guardian in planning and
        decision-making.
            (B) The early childhood program shall, with
        parental or legal guardian consent as required,
        utilize a range of community resources, if available
        and deemed necessary, including, but not limited to,
        developmental screenings, referrals to programs and
        services administered by a local educational agency or
        early intervention agency under Parts B and C of the
        federal Individual with Disabilities Education Act,
        and consultation with infant and early childhood
        mental health consultants and the child's health care
        provider. The program shall document attempts to
        engage these resources, including parent or legal
        guardian participation and consent attempted and
        obtained. Communication with the parent or legal
        guardian shall take place in a culturally and
        linguistically competent manner.
            (C) If there is documented evidence that all
        available interventions and supports recommended by a
        qualified professional have been exhausted and the
        program determines in its professional judgment that
        transitioning a child to another program is necessary
        for the well-being of the child or his or her peers and
        staff, with parent or legal guardian permission, both
        the current and pending programs shall create a
        transition plan designed to ensure continuity of
        services and the comprehensive development of the
        child. Communication with families shall occur in a
        culturally and linguistically competent manner.
            (D) Nothing in this paragraph (7) shall preclude a
        parent's or legal guardian's right to voluntarily
        withdraw his or her child from an early childhood
        program. Early childhood programs shall request and
        keep on file, when received, a written statement from
        the parent or legal guardian stating the reason for his
        or her decision to withdraw his or her child.
            (E) In the case of the determination of a serious
        safety threat to a child or others or in the case of
        behaviors listed in subsection (d) of Section 10-22.6
        of this Code, the temporary removal of a child from
        attendance in group settings may be used. Temporary
        removal of a child from attendance in a group setting
        shall trigger the process detailed in subparagraphs
        (A), (B), and (C) of this paragraph (7), with the child
        placed back in a group setting as quickly as possible.
            (F) Early childhood programs may utilize and the
        State Board of Education, the Department of Human
        Services, and the Department of Children and Family
        Services shall recommend training, technical support,
        and professional development resources to improve the
        ability of teachers, administrators, program
        directors, and other staff to promote social-emotional
        development and behavioral health, to address
        challenging behaviors, and to understand trauma and
        trauma-informed care, cultural competence, family
        engagement with diverse populations, the impact of
        implicit bias on adult behavior, and the use of
        reflective practice techniques. Support shall include
        the availability of resources to contract with infant
        and early childhood mental health consultants.
            (G) Beginning on July 1, 2018, early childhood
        programs shall annually report to the State Board of
        Education, and, beginning in fiscal year 2020, the
        State Board of Education shall make available on a
        biennial basis, in an existing report, all of the
        following data for children from birth to age 5 who are
        served by the program:
                (i) Total number served over the course of the
            program year and the total number of children who
            left the program during the program year.
                (ii) Number of planned transitions to another
            program due to children's behavior, by children's
            race, gender, disability, language, class/group
            size, teacher-child ratio, and length of program
            day.
                (iii) Number of temporary removals of a child
            from attendance in group settings due to a serious
            safety threat under subparagraph (E) of this
            paragraph (7), by children's race, gender,
            disability, language, class/group size,
            teacher-child ratio, and length of program day.
                (iv) Hours of infant and early childhood
            mental health consultant contact with program
            leaders, staff, and families over the program
            year.
            (H) Changes to services for children with an
        individualized education program or individual family
        service plan shall be construed in a manner consistent
        with the federal Individuals with Disabilities
        Education Act.
        The State Board of Education, in consultation with the
    Governor's Office of Early Childhood Development and the
    Department of Children and Family Services, shall adopt
    rules to administer this paragraph (7).
    (b) (Blank).
(Source: P.A. 95-724, eff. 6-30-08; 96-119, eff. 8-4-09;
96-944, eff. 6-25-10; 96-948, eff. 6-25-10.)
 
    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)
    Sec. 2-3.71a. Grants for early childhood parental training
programs. The State Board of Education shall implement and
administer a grant program consisting of grants to public
school districts and other eligible entities, as defined by the
State Board of Education, to conduct early childhood parental
training programs for the parents of children in the period of
life from birth to kindergarten. A public school district that
receives grants under this Section may contract with other
eligible entities to conduct an early childhood parental
training program. These grants must be used to supplement, not
supplant, funds received from any other source. A school board
or other eligible entity shall employ appropriately qualified
personnel for its early childhood parental training program,
including but not limited to certified teachers, counselors,
psychiatrists, psychologists and social workers.
    (a) As used in this Section, "parental training" means and
includes instruction in the following:
        (1) Child growth and development, including prenatal
    development.
        (2) Childbirth and child care.
        (3) Family structure, function and management.
        (4) Prenatal and postnatal care for mothers and
    infants.
        (5) Prevention of child abuse.
        (6) The physical, mental, emotional, social, economic
    and psychological aspects of interpersonal and family
    relationships.
        (7) Parenting skill development.
    The programs shall include activities that require
substantial participation and interaction between parent and
child.
    (b) The Board shall annually award funds through a grant
approval process established by the State Board of Education,
providing that an annual appropriation is made for this purpose
from State, federal or private funds. Nothing in this Section
shall preclude school districts from applying for or accepting
private funds to establish and implement programs.
    (c) The State Board of Education shall assist those
districts and other eligible entities offering early childhood
parental training programs, upon request, in developing
instructional materials, training teachers and staff, and
establishing appropriate time allotments for each of the areas
included in such instruction.
    (d) School districts and other eligible entities may offer
early childhood parental training courses during that period of
the day which is not part of the regular school day. Residents
of the community may enroll in such courses. The school board
or other eligible entity may establish fees and collect such
charges as may be necessary for attendance at such courses in
an amount not to exceed the per capita cost of the operation
thereof, except that the board or other eligible entity may
waive all or part of such charges if it determines that the
parent is indigent or that the educational needs of the parent
require his or her attendance at such courses.
    (e) Parents who participate in early childhood parental
training programs under this Section may be eligible for
reasonable reimbursement of any incidental transportation and
child care expenses from the school district receiving funds
pursuant to this Section.
    (f) Districts and other eligible entities receiving grants
pursuant to this Section shall coordinate programs created
under this Section with other preschool educational programs,
including "at-risk" preschool programs, special and vocational
education, and related services provided by other governmental
agencies and not-for-profit agencies.
    (g) The State Board of Education shall report to the
General Assembly by July 1, 1991, on the results of the
programs funded pursuant to this Section and whether a need
continues for such programs.
    (h) After July 1, 2006, any parental training services
funded pursuant to this Section on the effective date of this
amendatory Act of the 94th General Assembly shall continue to
be funded pursuant to this Section, subject to appropriation
and the meeting of program standards. Any additional parental
training services must be funded, subject to appropriation,
through preschool education grants pursuant to subdivision (4)
of subsection (a) of Section 2-3.71 of this Code for families
with children ages 3 to 5 and through prevention initiative
grants pursuant to subsection (b) of Section 2-3.89 of this
Code for expecting families and those with children from birth
to 3 years of age.
    (i) Early childhood programs under this Section are subject
to the requirements under paragraph (7) of subsection (a) of
Section 2-3.71 of this Code.
(Source: P.A. 94-506, eff. 8-8-05.)
 
    (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, 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 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 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.)
 
    Section 10. The Child Care Act of 1969 is amended by adding
Section 5.10 as follows:
 
    (225 ILCS 10/5.10 new)
    Sec. 5.10. Child care limitation on expulsions. Consistent
with the purposes of this amendatory Act of the 100th General
Assembly and the requirements therein under paragraph (7) of
subsection (a) of Section 2-3.71 of the School Code, the
Department, in consultation with the Governor's Office of Early
Childhood Development and the State Board of Education, shall
adopt rules prohibiting the use of expulsion due to a child's
persistent and serious challenging behaviors in licensed day
care centers, day care homes, and group day care homes. The
rulemaking shall address, at a minimum, requirements for
licensees to establish intervention and transition policies,
notify parents of policies, document intervention steps, and
collect and report data on children transitioning out of the
program.

Effective Date: 1/1/2018