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1    AN ACT concerning education.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 5. The School Code is amended by changing Sections
510-22.6, 26-2a, and 26-12 as follows:
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    Sec. 10-22.6. Suspension or expulsion of pupils; school
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, pursuant to subsection (b-20)
12of this Section, and no action shall lie against them for such
13expulsion. Expulsion shall take place only after the parents
14have been requested to appear at a meeting of the board, or
15with a hearing officer appointed by it, to discuss their
16child's behavior. Such request shall be made by registered or
17certified mail and shall state the time, place and purpose of
18the meeting. The board, or a hearing officer appointed by it,
19at such meeting shall state the reasons for dismissal and the
20date on which the expulsion is to become effective. If a
21hearing officer is appointed by the board, he shall report to
22the board a written summary of the evidence heard at the
23meeting and the board may take such action thereon as it finds



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1appropriate. If the board acts to expel a pupil, the written
2expulsion decision shall detail the specific reasons why
3removing the pupil from the learning environment is in the best
4interest of the school. The expulsion decision shall also
5include a rationale as to the specific duration of the
6expulsion. An expelled pupil may be immediately transferred to
7an alternative program in the manner provided in Article 13A or
813B of this Code. A pupil must not be denied transfer because
9of the expulsion, except in cases in which such transfer is
10deemed to cause a threat to the safety of students or staff in
11the alternative program.
12    (b) To suspend or by policy to authorize the superintendent
13of the district or the principal, assistant principal, or dean
14of students of any school to suspend pupils guilty of gross
15disobedience or misconduct, or to suspend pupils guilty of
16gross disobedience or misconduct on the school bus from riding
17the school bus, pursuant to subsections (b-15) and (b-20) of
18this Section, and no action shall lie against them for such
19suspension. The board may by policy authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of such acts for a period not to exceed 10 school days.
23If a pupil is suspended due to gross disobedience or misconduct
24on a school bus, the board may suspend the pupil in excess of
2510 school days for safety reasons.
26    Any suspension shall be reported immediately to the parents



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1or guardian of a pupil along with a full statement of the
2reasons for such suspension and a notice of their right to a
3review. The school board must be given a summary of the notice,
4including the reason for the suspension and the suspension
5length. Upon request of the parents or guardian, the school
6board or a hearing officer appointed by it shall review such
7action of the superintendent or principal, assistant
8principal, or dean of students. At such review, the parents or
9guardian of the pupil may appear and discuss the suspension
10with the board or its hearing officer. If a hearing officer is
11appointed by the board, he shall report to the board a written
12summary of the evidence heard at the meeting. After its hearing
13or upon receipt of the written report of its hearing officer,
14the board may take such action as it finds appropriate. If a
15student is suspended pursuant to this subsection (b), the board
16shall, in the written suspension decision, detail the specific
17act of gross disobedience or misconduct resulting in the
18decision to suspend. The suspension decision shall also include
19a rationale as to the specific duration of the suspension. A
20pupil who is suspended in excess of 20 school days may be
21immediately transferred to an alternative program in the manner
22provided in Article 13A or 13B of this Code. A pupil must not
23be denied transfer because of the suspension, except in cases
24in which such transfer is deemed to cause a threat to the
25safety of students or staff in the alternative program.
26    (b-5) Among the many possible disciplinary interventions



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1and consequences available to school officials, school
2exclusions, such as out-of-school suspensions and expulsions,
3are the most serious. School officials shall limit the number
4and duration of expulsions and suspensions to the greatest
5extent practicable, and it is recommended that they use them
6only for legitimate educational purposes. To ensure that
7students are not excluded from school unnecessarily, it is
8recommended that school officials consider forms of
9non-exclusionary discipline prior to using out-of-school
10suspensions or expulsions.
11    (b-10) Unless otherwise required by federal law or this
12Code, school boards may not institute zero-tolerance policies
13by which school administrators are required to suspend or expel
14students for particular behaviors.
15    (b-15) Out-of-school suspensions of 3 days or less may be
16used only if the student's continuing presence in school would
17pose a threat to school safety or a disruption to other
18students' learning opportunities. For purposes of this
19subsection (b-15), "threat to school safety or a disruption to
20other students' learning opportunities" shall be determined on
21a case-by-case basis by the school board or its designee.
22School officials shall make all reasonable efforts to resolve
23such threats, address such disruptions, and minimize the length
24of suspensions to the greatest extent practicable.
25    (b-20) Unless otherwise required by this Code,
26out-of-school suspensions of longer than 3 days, expulsions,



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1and disciplinary removals to alternative schools may be used
2only if other appropriate and available behavioral and
3disciplinary interventions have been exhausted and the
4student's continuing presence in school would either (i) pose a
5threat to the safety of other students, staff, or members of
6the school community or (ii) substantially disrupt, impede, or
7interfere with the operation of the school. For purposes of
8this subsection (b-20), "threat to the safety of other
9students, staff, or members of the school community" and
10"substantially disrupt, impede, or interfere with the
11operation of the school" shall be determined on a case-by-case
12basis by school officials. For purposes of this subsection
13(b-20), the determination of whether "appropriate and
14available behavioral and disciplinary interventions have been
15exhausted" shall be made by school officials. School officials
16shall make all reasonable efforts to resolve such threats,
17address such disruptions, and minimize the length of student
18exclusions to the greatest extent practicable. Within the
19suspension decision described in subsection (b) of this Section
20or the expulsion decision described in subsection (a) of this
21Section, it shall be documented whether other interventions
22were attempted or whether it was determined that there were no
23other appropriate and available interventions.
24    (b-25) Students who are suspended out-of-school for longer
25than 4 school days shall be provided appropriate and available
26support services during the period of their suspension. For



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1purposes of this subsection (b-25), "appropriate and available
2support services" shall be determined by school authorities.
3Within the suspension decision described in subsection (b) of
4this Section, it shall be documented whether such services are
5to be provided or whether it was determined that there are no
6such appropriate and available services.
7    A school district may refer students who are expelled to
8appropriate and available support services.
9    A school district shall create a policy to facilitate the
10re-engagement of students who are suspended out-of-school,
11expelled, or returning from an alternative school setting.
12    (b-30) A school district shall create a policy by which
13suspended pupils, including those pupils suspended from the
14school bus who do not have alternate transportation to school,
15shall have the opportunity to make up work for equivalent
16academic credit. It shall be the responsibility of a pupil's
17parent or guardian to notify school officials that a pupil
18suspended from the school bus does not have alternate
19transportation to school.
20    (c) The Department of Human Services shall be invited to
21send a representative to consult with the board at such meeting
22whenever there is evidence that mental illness may be the cause
23for expulsion or suspension.
24    (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to teachers,
26administrators, school board members, school resource



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1officers, and staff on the adverse consequences of school
2exclusion and justice-system involvement, effective classroom
3management strategies, culturally responsive discipline, the
4appropriate and available supportive services for the
5promotion of student attendance and engagement, and
6developmentally appropriate disciplinary methods that promote
7positive and healthy school climates.
8    (d) The board may expel a student for a definite period of
9time not to exceed 2 calendar years, as determined on a
10case-by-case case by case basis. A student who is determined to
11have brought one of the following objects to school, any
12school-sponsored activity or event, or any activity or event
13that bears a reasonable relationship to school shall be
14expelled for a period of not less than one year:
15        (1) A firearm. For the purposes of this Section,
16    "firearm" means any gun, rifle, shotgun, weapon as defined
17    by Section 921 of Title 18 of the United States Code,
18    firearm as defined in Section 1.1 of the Firearm Owners
19    Identification Card Act, or firearm as defined in Section
20    24-1 of the Criminal Code of 2012. The expulsion period
21    under this subdivision (1) may be modified by the
22    superintendent, and the superintendent's determination may
23    be modified by the board on a case-by-case basis.
24        (2) A knife, brass knuckles or other knuckle weapon
25    regardless of its composition, a billy club, or any other
26    object if used or attempted to be used to cause bodily



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1    harm, including "look alikes" of any firearm as defined in
2    subdivision (1) of this subsection (d). The expulsion
3    requirement under this subdivision (2) may be modified by
4    the superintendent, and the superintendent's determination
5    may be modified by the board on a case-by-case basis.
6Expulsion or suspension shall be construed in a manner
7consistent with the Federal Individuals with Disabilities
8Education Act. A student who is subject to suspension or
9expulsion as provided in this Section may be eligible for a
10transfer to an alternative school program in accordance with
11Article 13A of the School Code.
12    (d-5) The board may suspend or by regulation authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend a
15student for a period not to exceed 10 school days or may expel
16a student for a definite period of time not to exceed 2
17calendar years, as determined on a case-by-case case by case
18basis, if (i) that student has been determined to have made an
19explicit threat on an Internet website against a school
20employee, a student, or any school-related personnel, (ii) the
21Internet website through which the threat was made is a site
22that was accessible within the school at the time the threat
23was made or was available to third parties who worked or
24studied within the school grounds at the time the threat was
25made, and (iii) the threat could be reasonably interpreted as
26threatening to the safety and security of the threatened



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1individual because of his or her duties or employment status or
2status as a student inside the school.
3    (e) To maintain order and security in the schools, school
4authorities may inspect and search places and areas such as
5lockers, desks, parking lots, and other school property and
6equipment owned or controlled by the school, as well as
7personal effects left in those places and areas by students,
8without notice to or the consent of the student, and without a
9search warrant. As a matter of public policy, the General
10Assembly finds that students have no reasonable expectation of
11privacy in these places and areas or in their personal effects
12left in these places and areas. School authorities may request
13the assistance of law enforcement officials for the purpose of
14conducting inspections and searches of lockers, desks, parking
15lots, and other school property and equipment owned or
16controlled by the school for illegal drugs, weapons, or other
17illegal or dangerous substances or materials, including
18searches conducted through the use of specially trained dogs.
19If a search conducted in accordance with this Section produces
20evidence that the student has violated or is violating either
21the law, local ordinance, or the school's policies or rules,
22such evidence may be seized by school authorities, and
23disciplinary action may be taken. School authorities may also
24turn over such evidence to law enforcement authorities.
25    (f) Suspension or expulsion may include suspension or
26expulsion from school and all school activities and a



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1prohibition from being present on school grounds.
2    (g) A school district may adopt a policy providing that if
3a student is suspended or expelled for any reason from any
4public or private school in this or any other state, the
5student must complete the entire term of the suspension or
6expulsion in an alternative school program under Article 13A of
7this Code or an alternative learning opportunities program
8under Article 13B of this Code before being admitted into the
9school district if there is no threat to the safety of students
10or staff in the alternative program.
11    (h) School officials shall not advise or encourage students
12to drop out voluntarily due to behavioral or academic
14    (i) A student may not be issued a monetary fine or fee as a
15disciplinary consequence, though this shall not preclude
16requiring a student to provide restitution for lost, stolen, or
17damaged property.
18    (j) Subsections (a) through (i) of this Section shall apply
19to elementary and secondary schools, charter schools, special
20charter districts, and school districts organized under
21Article 34 of this Code.
22    (k) The expulsion of children enrolled in programs funded
23under Section 1C-2 of this Code is subject to the requirements
24under paragraph (7) of subsection (a) of Section 2-3.71 of this
26(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;



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1revised 1-22-18.)
2    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
3    Sec. 26-2a. A "truant" is defined as a child subject to
4compulsory school attendance and who is absent without valid
5cause from such attendance for a school day or portion thereof.
6    "Valid cause" for absence shall be illness, observance of a
7religious holiday, death in the immediate family, family
8emergency, and shall include such other situations beyond the
9control of the student as determined by the board of education
10in each district, or such other circumstances which cause
11reasonable concern to the parent for the mental, emotional, or
12physical safety or health or safety of the student.
13    "Chronic or habitual truant" shall be defined as a child
14who is subject to compulsory school attendance and who is
15absent without valid cause from such attendance for 5% or more
16of the previous 180 regular attendance days.
17    "Truant minor" is defined as a chronic truant to whom
18supportive services, including prevention, diagnostic,
19intervention and remedial services, alternative programs and
20other school and community resources have been provided and
21have failed to result in the cessation of chronic truancy, or
22have been offered and refused.
23    A "dropout" is defined as any child enrolled in grades 9
24through 12 whose name has been removed from the district
25enrollment roster for any reason other than the student's



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1death, extended illness, removal for medical non-compliance,
2expulsion, aging out, graduation, or completion of a program of
3studies and who has not transferred to another public or
4private school and is not known to be home-schooled by his or
5her parents or guardians or continuing school in another
7    "Religion" for the purposes of this Article, includes all
8aspects of religious observance and practice, as well as
10(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
11    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
12    Sec. 26-12. Punitive action.
13    (a) No punitive action, including out of school
14suspensions, expulsions or court action, shall be taken against
15chronic truants for such truancy unless appropriate and
16available supportive services and other school resources have
17been provided to the student.
18    (b) A school district may not refer a truant, chronic
19truant, or truant minor to any other local public entity, as
20defined under Section 1-206 of the Local Governmental and
21Governmental Employees Tort Immunity Act, for that local public
22entity to issue the child a fine or a fee as punishment for his
23or her truancy.
24    (c) A school district may refer any person having custody
25or control of a truant, chronic truant, or truant minor to any



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1other local public entity, as defined under Section 1-206 of
2the Local Governmental and Governmental Employees Tort
3Immunity Act, for that local public entity to issue the person
4a fine or fee for the child's truancy only if the school
5district's truant officer, regional office of education, or
6intermediate service center has been notified of the truant
7behavior and the school district, regional office of education,
8or intermediate service center has offered all appropriate and
9available supportive services and other school resources to the
10child. Before a school district may refer a person having
11custody or control of a child to a municipality, as defined
12under Section 1-1-2 of the Illinois Municipal Code, the school
13district must provide the following appropriate and available
15        (1) For any child who is a homeless child, as defined
16    under Section 1-5 of the Education for Homeless Children
17    Act, a meeting between the child, the person having custody
18    or control of the child, relevant school personnel, and a
19    homeless liaison to discuss any barriers to the child's
20    attendance due to the child's transitional living
21    situation and to construct a plan that removes these
22    barriers.
23        (2) For any child with a documented disability, a
24    meeting between the child, the person having custody or
25    control of the child, and relevant school personnel to
26    review the child's current needs and address the



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1    appropriateness of the child's placement and services. For
2    any child subject to Article 14 of this Code, this meeting
3    shall be an individualized education program meeting and
4    shall include relevant members of the individualized
5    education program team. For any child with a disability
6    under Section 504 of the federal Rehabilitation Act of 1973
7    (29 U.S.C. 794), this meeting shall be a Section 504 plan
8    review and include relevant members of the Section 504 plan
9    team.
10        (3) For any child currently being evaluated by a school
11    district for a disability or for whom the school has a
12    basis of knowledge that the child is a child with a
13    disability under 20 U.S.C. 1415(k)(5), the completion of
14    the evaluation and determination of the child's
15    eligibility for special education services.
16    (d) Before a school district may refer a person having
17custody or control of a child to a local public entity under
18this Section, the school district must document any appropriate
19and available supportive services offered to the child. In the
20event a meeting under this Section does not occur, a school
21district must have documentation that it made reasonable
22efforts to convene the meeting at a mutually convenient time
23and date for the school district and the person having custody
24or control of the child and, but for the conduct of that
25person, the meeting would have occurred.
26(Source: P.A. 85-234.)