HB3412 EngrossedLRB103 30173 RJT 56601 b

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
51-3, 10-22.6, and 26-12 as follows:
 
6    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)
7    Sec. 1-3. Definitions. In this Code:
8    The terms "common schools", "free schools" and "public
9schools" are used interchangeably to apply to any school
10operated by authority of this Act.
11    "School board" means the governing body of any district
12created or operating under authority of this Code, including
13board of school directors and board of education. When the
14context so indicates it also means the governing body of any
15non-high school district and of any special charter district,
16including a board of school inspectors.
17    "School fees" or "fees" means any monetary charge
18collected by a public school, public school district, or
19charter school from a student or the parents or guardian of a
20student as a prerequisite for the student's participation in
21any curricular or extracurricular program of the school or
22school district as defined under paragraphs (1) and (2) of
23subsection (a) of Section 1.245 of Title 23 of the Illinois

 

 

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1Administrative Code.
2    "School personnel" means persons who are employed by, who
3are on contract with, or who volunteer in a school district,
4charter school, or non-public, non-sectarian elementary or
5secondary school, including, without limitation, school and
6school district administrators, teachers, school social
7workers, school counselors, school psychologists, school
8nurses, cafeteria workers, custodians, bus drivers, school
9resource officers, and security guards.
10    "Special charter district" means any city, township, or
11district organized into a school district, under a special Act
12or charter of the General Assembly or in which schools are now
13managed and operating within such unit in whole or in part
14under the terms of such special Act or charter.
15(Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.)
 
16    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
17    (Text of Section before amendment by P.A. 102-466)
18    Sec. 10-22.6. Suspension or expulsion of pupils; school
19searches.
20    (a) To expel pupils guilty of gross disobedience or
21misconduct, including gross disobedience or misconduct
22perpetuated by electronic means, pursuant to subsection (b-20)
23of this Section, and no action shall lie against them for such
24expulsion. Expulsion shall take place only after the parents
25have been requested to appear at a meeting of the board, or

 

 

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1with a hearing officer appointed by it, to discuss their
2child's behavior. Such request shall be made by registered or
3certified mail and shall state the time, place and purpose of
4the meeting. The board, or a hearing officer appointed by it,
5at such meeting shall state the reasons for dismissal and the
6date on which the expulsion is to become effective. If a
7hearing officer is appointed by the board, he shall report to
8the board a written summary of the evidence heard at the
9meeting and the board may take such action thereon as it finds
10appropriate. If the board acts to expel a pupil, the written
11expulsion decision shall detail the specific reasons why
12removing the pupil from the learning environment is in the
13best interest of the school. The expulsion decision shall also
14include a rationale as to the specific duration of the
15expulsion. An expelled pupil may be immediately transferred to
16an alternative program in the manner provided in Article 13A
17or 13B of this Code. A pupil must not be denied transfer
18because of the expulsion, except in cases in which such
19transfer is deemed to cause a threat to the safety of students
20or staff in the alternative program.
21    (b) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school bus from riding the school bus, pursuant to subsections

 

 

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1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10    Any suspension shall be reported immediately to the
11parents or guardian of a pupil along with a full statement of
12the reasons for such suspension and a notice of their right to
13a review. The school board must be given a summary of the
14notice, including the reason for the suspension and the
15suspension length. Upon request of the parents or guardian,
16the school board or a hearing officer appointed by it shall
17review such action of the superintendent or principal,
18assistant principal, or dean of students. At such review, the
19parents or guardian of the pupil may appear and discuss the
20suspension with the board or its hearing officer. If a hearing
21officer is appointed by the board, he shall report to the board
22a written summary of the evidence heard at the meeting. After
23its hearing or upon receipt of the written report of its
24hearing officer, the board may take such action as it finds
25appropriate. If a student is suspended pursuant to this
26subsection (b), the board shall, in the written suspension

 

 

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1decision, detail the specific act of gross disobedience or
2misconduct resulting in the decision to suspend. The
3suspension decision shall also include a rationale as to the
4specific duration of the suspension. A pupil who is suspended
5in excess of 20 school days may be immediately transferred to
6an alternative program in the manner provided in Article 13A
7or 13B of this Code. A pupil must not be denied transfer
8because of the suspension, except in cases in which such
9transfer is deemed to cause a threat to the safety of students
10or staff in the alternative program.
11    (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22    (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or
25expel students for particular behaviors.
26    (b-15) Out-of-school suspensions of 3 days or less may be

 

 

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1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the
9length of suspensions to the greatest extent practicable.
10    (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose
16a threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

 

 

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1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9    (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18    A school district may refer students who are expelled to
19appropriate and available support services.
20    A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23    (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

 

 

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1academic credit. It shall be the responsibility of a pupil's
2parent or guardian to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5    (c) A school board must invite a representative from a
6local mental health agency to consult with the board at the
7meeting whenever there is evidence that mental illness may be
8the cause of a student's expulsion or suspension.
9    (c-5) School districts shall make reasonable efforts to
10provide ongoing professional development to teachers,
11administrators, school board members, school resource
12officers, and staff on the adverse consequences of school
13exclusion and justice-system involvement, effective classroom
14management strategies, culturally responsive discipline, the
15appropriate and available supportive services for the
16promotion of student attendance and engagement, and
17developmentally appropriate disciplinary methods that promote
18positive and healthy school climates.
19    (d) The board may expel a student for a definite period of
20time not to exceed 2 calendar years, as determined on a
21case-by-case basis. A student who is determined to have
22brought one of the following objects to school, any
23school-sponsored activity or event, or any activity or event
24that bears a reasonable relationship to school shall be
25expelled for a period of not less than one year:
26        (1) A firearm. For the purposes of this Section,

 

 

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1    "firearm" means any gun, rifle, shotgun, weapon as defined
2    by Section 921 of Title 18 of the United States Code,
3    firearm as defined in Section 1.1 of the Firearm Owners
4    Identification Card Act, or firearm as defined in Section
5    24-1 of the Criminal Code of 2012. The expulsion period
6    under this subdivision (1) may be modified by the
7    superintendent, and the superintendent's determination may
8    be modified by the board on a case-by-case basis.
9        (2) A knife, brass knuckles or other knuckle weapon
10    regardless of its composition, a billy club, or any other
11    object if used or attempted to be used to cause bodily
12    harm, including "look alikes" of any firearm as defined in
13    subdivision (1) of this subsection (d). The expulsion
14    requirement under this subdivision (2) may be modified by
15    the superintendent, and the superintendent's determination
16    may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code.
23    (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

 

 

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1a student for a definite period of time not to exceed 2
2calendar years, as determined on a case-by-case basis, if (i)
3that student has been determined to have made an explicit
4threat on an Internet website against a school employee, a
5student, or any school-related personnel, (ii) the Internet
6website through which the threat was made is a site that was
7accessible within the school at the time the threat was made or
8was available to third parties who worked or studied within
9the school grounds at the time the threat was made, and (iii)
10the threat could be reasonably interpreted as threatening to
11the safety and security of the threatened individual because
12of his or her duties or employment status or status as a
13student inside the school.
14    (e) To maintain order and security in the schools, school
15authorities may inspect and search places and areas such as
16lockers, desks, parking lots, and other school property and
17equipment owned or controlled by the school, as well as
18personal effects left in those places and areas by students,
19without notice to or the consent of the student, and without a
20search warrant. As a matter of public policy, the General
21Assembly finds that students have no reasonable expectation of
22privacy in these places and areas or in their personal effects
23left in these places and areas. School authorities may request
24the assistance of law enforcement officials for the purpose of
25conducting inspections and searches of lockers, desks, parking
26lots, and other school property and equipment owned or

 

 

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1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10    (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13    (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A
18of this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program.
22    (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25    (i) A student may not be issued a monetary fine or fee as a
26disciplinary consequence, though this shall not preclude

 

 

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1requiring a student to provide restitution for lost, stolen,
2or damaged property. School personnel may not refer a student
3to any other local public entity, as defined under Section
41-206 of the Local Governmental and Governmental Employees
5Tort Immunity Act, school resource officer, as defined under
6Section 10-20.68 of this Code, or peace officer, as defined
7under Section 2-13 of the Criminal Code of 2012, for the
8purpose of a local public entity issuing the student a fine or
9a fee for an incident or behavior that has been or can be
10pursued through the school district's available disciplinary
11interventions and consequences.
12    This subsection (i) does not modify school disciplinary
13responses provided under this Section or Section 10-20.14 of
14this Code that exist before the effective date of this
15amendatory Act of the 103rd General Assembly or responses to
16alleged delinquent or criminal conduct set forth in this Code,
17Article V of the Juvenile Court Act of 1987, or the Criminal
18Code of 2012.
19    (j) Subsections (a) through (i) of this Section shall
20apply to elementary and secondary schools, charter schools,
21special charter districts, and school districts organized
22under Article 34 of this Code.
23    (k) The expulsion of children enrolled in programs funded
24under Section 1C-2 of this Code is subject to the requirements
25under paragraph (7) of subsection (a) of Section 2-3.71 of
26this Code.

 

 

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1    (l) Beginning with the 2018-2019 school year, an in-school
2suspension program provided by a school district for any
3students in kindergarten through grade 12 may focus on
4promoting non-violent conflict resolution and positive
5interaction with other students and school personnel. A school
6district may employ a school social worker or a licensed
7mental health professional to oversee an in-school suspension
8program in kindergarten through grade 12.
9(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
10102-813, eff. 5-13-22.)
 
11    (Text of Section after amendment by P.A. 102-466)
12    Sec. 10-22.6. Suspension or expulsion of pupils; school
13searches.
14    (a) To expel pupils guilty of gross disobedience or
15misconduct, including gross disobedience or misconduct
16perpetuated by electronic means, pursuant to subsection (b-20)
17of this Section, and no action shall lie against them for such
18expulsion. Expulsion shall take place only after the parents
19or guardians have been requested to appear at a meeting of the
20board, or with a hearing officer appointed by it, to discuss
21their child's behavior. Such request shall be made by
22registered or certified mail and shall state the time, place
23and purpose of the meeting. The board, or a hearing officer
24appointed by it, at such meeting shall state the reasons for
25dismissal and the date on which the expulsion is to become

 

 

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1effective. If a hearing officer is appointed by the board, he
2shall report to the board a written summary of the evidence
3heard at the meeting and the board may take such action thereon
4as it finds appropriate. If the board acts to expel a pupil,
5the written expulsion decision shall detail the specific
6reasons why removing the pupil from the learning environment
7is in the best interest of the school. The expulsion decision
8shall also include a rationale as to the specific duration of
9the expulsion. An expelled pupil may be immediately
10transferred to an alternative program in the manner provided
11in Article 13A or 13B of this Code. A pupil must not be denied
12transfer because of the expulsion, except in cases in which
13such transfer is deemed to cause a threat to the safety of
14students or staff in the alternative program.
15    (b) To suspend or by policy to authorize the
16superintendent of the district or the principal, assistant
17principal, or dean of students of any school to suspend pupils
18guilty of gross disobedience or misconduct, or to suspend
19pupils guilty of gross disobedience or misconduct on the
20school bus from riding the school bus, pursuant to subsections
21(b-15) and (b-20) of this Section, and no action shall lie
22against them for such suspension. The board may by policy
23authorize the superintendent of the district or the principal,
24assistant principal, or dean of students of any school to
25suspend pupils guilty of such acts for a period not to exceed
2610 school days. If a pupil is suspended due to gross

 

 

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1disobedience or misconduct on a school bus, the board may
2suspend the pupil in excess of 10 school days for safety
3reasons.
4    Any suspension shall be reported immediately to the
5parents or guardians of a pupil along with a full statement of
6the reasons for such suspension and a notice of their right to
7a review. The school board must be given a summary of the
8notice, including the reason for the suspension and the
9suspension length. Upon request of the parents or guardians,
10the school board or a hearing officer appointed by it shall
11review such action of the superintendent or principal,
12assistant principal, or dean of students. At such review, the
13parents or guardians of the pupil may appear and discuss the
14suspension with the board or its hearing officer. If a hearing
15officer is appointed by the board, he shall report to the board
16a written summary of the evidence heard at the meeting. After
17its hearing or upon receipt of the written report of its
18hearing officer, the board may take such action as it finds
19appropriate. If a student is suspended pursuant to this
20subsection (b), the board shall, in the written suspension
21decision, detail the specific act of gross disobedience or
22misconduct resulting in the decision to suspend. The
23suspension decision shall also include a rationale as to the
24specific duration of the suspension. A pupil who is suspended
25in excess of 20 school days may be immediately transferred to
26an alternative program in the manner provided in Article 13A

 

 

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

 

 

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1School officials shall make all reasonable efforts to resolve
2such threats, address such disruptions, and minimize the
3length of suspensions to the greatest extent practicable.
4    (b-20) Unless otherwise required by this Code,
5out-of-school suspensions of longer than 3 days, expulsions,
6and disciplinary removals to alternative schools may be used
7only if other appropriate and available behavioral and
8disciplinary interventions have been exhausted and the
9student's continuing presence in school would either (i) pose
10a threat to the safety of other students, staff, or members of
11the school community or (ii) substantially disrupt, impede, or
12interfere with the operation of the school. For purposes of
13this subsection (b-20), "threat to the safety of other
14students, staff, or members of the school community" and
15"substantially disrupt, impede, or interfere with the
16operation of the school" shall be determined on a case-by-case
17basis by school officials. For purposes of this subsection
18(b-20), the determination of whether "appropriate and
19available behavioral and disciplinary interventions have been
20exhausted" shall be made by school officials. School officials
21shall make all reasonable efforts to resolve such threats,
22address such disruptions, and minimize the length of student
23exclusions to the greatest extent practicable. Within the
24suspension decision described in subsection (b) of this
25Section or the expulsion decision described in subsection (a)
26of this Section, it shall be documented whether other

 

 

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1interventions were attempted or whether it was determined that
2there were no other appropriate and available interventions.
3    (b-25) Students who are suspended out-of-school for longer
4than 4 school days shall be provided appropriate and available
5support services during the period of their suspension. For
6purposes of this subsection (b-25), "appropriate and available
7support services" shall be determined by school authorities.
8Within the suspension decision described in subsection (b) of
9this Section, it shall be documented whether such services are
10to be provided or whether it was determined that there are no
11such appropriate and available services.
12    A school district may refer students who are expelled to
13appropriate and available support services.
14    A school district shall create a policy to facilitate the
15re-engagement of students who are suspended out-of-school,
16expelled, or returning from an alternative school setting.
17    (b-30) A school district shall create a policy by which
18suspended pupils, including those pupils suspended from the
19school bus who do not have alternate transportation to school,
20shall have the opportunity to make up work for equivalent
21academic credit. It shall be the responsibility of a pupil's
22parents or guardians to notify school officials that a pupil
23suspended from the school bus does not have alternate
24transportation to school.
25    (b-35) In all suspension review hearings conducted under
26subsection (b) or expulsion hearings conducted under

 

 

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1subsection (a), a student may disclose any factor to be
2considered in mitigation, including his or her status as a
3parent, expectant parent, or victim of domestic or sexual
4violence, as defined in Article 26A. A representative of the
5parent's or guardian's choice, or of the student's choice if
6emancipated, must be permitted to represent the student
7throughout the proceedings and to address the school board or
8its appointed hearing officer. With the approval of the
9student's parent or guardian, or of the student if
10emancipated, a support person must be permitted to accompany
11the student to any disciplinary hearings or proceedings. The
12representative or support person must comply with any rules of
13the school district's hearing process. If the representative
14or support person violates the rules or engages in behavior or
15advocacy that harasses, abuses, or intimidates either party, a
16witness, or anyone else in attendance at the hearing, the
17representative or support person may be prohibited from
18further participation in the hearing or proceeding. A
19suspension or expulsion proceeding under this subsection
20(b-35) must be conducted independently from any ongoing
21criminal investigation or proceeding, and an absence of
22pending or possible criminal charges, criminal investigations,
23or proceedings may not be a factor in school disciplinary
24decisions.
25    (b-40) During a suspension review hearing conducted under
26subsection (b) or an expulsion hearing conducted under

 

 

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1subsection (a) that involves allegations of sexual violence by
2the student who is subject to discipline, neither the student
3nor his or her representative shall directly question nor have
4direct contact with the alleged victim. The student who is
5subject to discipline or his or her representative may, at the
6discretion and direction of the school board or its appointed
7hearing officer, suggest questions to be posed by the school
8board or its appointed hearing officer to the alleged victim.
9    (c) A school board must invite a representative from a
10local mental health agency to consult with the board at the
11meeting whenever there is evidence that mental illness may be
12the cause of a student's expulsion or suspension.
13    (c-5) School districts shall make reasonable efforts to
14provide ongoing professional development to teachers,
15administrators, school board members, school resource
16officers, and staff on the adverse consequences of school
17exclusion and justice-system involvement, effective classroom
18management strategies, culturally responsive discipline, the
19appropriate and available supportive services for the
20promotion of student attendance and engagement, and
21developmentally appropriate disciplinary methods that promote
22positive and healthy school climates.
23    (d) The board may expel a student for a definite period of
24time not to exceed 2 calendar years, as determined on a
25case-by-case basis. A student who is determined to have
26brought one of the following objects to school, any

 

 

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1school-sponsored activity or event, or any activity or event
2that bears a reasonable relationship to school shall be
3expelled for a period of not less than one year:
4        (1) A firearm. For the purposes of this Section,
5    "firearm" means any gun, rifle, shotgun, weapon as defined
6    by Section 921 of Title 18 of the United States Code,
7    firearm as defined in Section 1.1 of the Firearm Owners
8    Identification Card Act, or firearm as defined in Section
9    24-1 of the Criminal Code of 2012. The expulsion period
10    under this subdivision (1) may be modified by the
11    superintendent, and the superintendent's determination may
12    be modified by the board on a case-by-case basis.
13        (2) A knife, brass knuckles or other knuckle weapon
14    regardless of its composition, a billy club, or any other
15    object if used or attempted to be used to cause bodily
16    harm, including "look alikes" of any firearm as defined in
17    subdivision (1) of this subsection (d). The expulsion
18    requirement under this subdivision (2) may be modified by
19    the superintendent, and the superintendent's determination
20    may be modified by the board on a case-by-case basis.
21Expulsion or suspension shall be construed in a manner
22consistent with the federal Individuals with Disabilities
23Education Act. A student who is subject to suspension or
24expulsion as provided in this Section may be eligible for a
25transfer to an alternative school program in accordance with
26Article 13A of the School Code.

 

 

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1    (d-5) The board may suspend or by regulation authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend a
4student for a period not to exceed 10 school days or may expel
5a student for a definite period of time not to exceed 2
6calendar years, as determined on a case-by-case basis, if (i)
7that student has been determined to have made an explicit
8threat on an Internet website against a school employee, a
9student, or any school-related personnel, (ii) the Internet
10website through which the threat was made is a site that was
11accessible within the school at the time the threat was made or
12was available to third parties who worked or studied within
13the school grounds at the time the threat was made, and (iii)
14the threat could be reasonably interpreted as threatening to
15the safety and security of the threatened individual because
16of his or her duties or employment status or status as a
17student inside the school.
18    (e) To maintain order and security in the schools, school
19authorities may inspect and search places and areas such as
20lockers, desks, parking lots, and other school property and
21equipment owned or controlled by the school, as well as
22personal effects left in those places and areas by students,
23without notice to or the consent of the student, and without a
24search warrant. As a matter of public policy, the General
25Assembly finds that students have no reasonable expectation of
26privacy in these places and areas or in their personal effects

 

 

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1left in these places and areas. School authorities may request
2the assistance of law enforcement officials for the purpose of
3conducting inspections and searches of lockers, desks, parking
4lots, and other school property and equipment owned or
5controlled by the school for illegal drugs, weapons, or other
6illegal or dangerous substances or materials, including
7searches conducted through the use of specially trained dogs.
8If a search conducted in accordance with this Section produces
9evidence that the student has violated or is violating either
10the law, local ordinance, or the school's policies or rules,
11such evidence may be seized by school authorities, and
12disciplinary action may be taken. School authorities may also
13turn over such evidence to law enforcement authorities.
14    (f) Suspension or expulsion may include suspension or
15expulsion from school and all school activities and a
16prohibition from being present on school grounds.
17    (g) A school district may adopt a policy providing that if
18a student is suspended or expelled for any reason from any
19public or private school in this or any other state, the
20student must complete the entire term of the suspension or
21expulsion in an alternative school program under Article 13A
22of this Code or an alternative learning opportunities program
23under Article 13B of this Code before being admitted into the
24school district if there is no threat to the safety of students
25or staff in the alternative program. A school district that
26adopts a policy under this subsection (g) must include a

 

 

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1provision allowing for consideration of any mitigating
2factors, including, but not limited to, a student's status as
3a parent, expectant parent, or victim of domestic or sexual
4violence, as defined in Article 26A.
5    (h) School officials shall not advise or encourage
6students to drop out voluntarily due to behavioral or academic
7difficulties.
8    (i) A student may not be issued a monetary fine or fee as a
9disciplinary consequence, though this shall not preclude
10requiring a student to provide restitution for lost, stolen,
11or damaged property. School personnel may not refer a student
12to any other local public entity, as defined under Section
131-206 of the Local Governmental and Governmental Employees
14Tort Immunity Act, school resource officer, as defined under
15Section 10-20.68 of this Code, or peace officer, as defined
16under Section 2-13 of the Criminal Code of 2012, for the
17purpose of a local public entity issuing the student a fine or
18a fee for an incident or behavior that has been or can be
19pursued through the school district's available disciplinary
20interventions and consequences.
21    This subsection (i) does not modify school disciplinary
22responses provided under this Section or Section 10-20.14 of
23this Code that exist before the effective date of this
24amendatory Act of the 103rd General Assembly or responses to
25alleged delinquent or criminal conduct set forth in this Code,
26Article V of the Juvenile Court Act of 1987, or the Criminal

 

 

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1Code of 2012.
2    (j) Subsections (a) through (i) of this Section shall
3apply to elementary and secondary schools, charter schools,
4special charter districts, and school districts organized
5under Article 34 of this Code.
6    (k) The expulsion of children enrolled in programs funded
7under Section 1C-2 of this Code is subject to the requirements
8under paragraph (7) of subsection (a) of Section 2-3.71 of
9this Code.
10    (l) Beginning with the 2018-2019 school year, an in-school
11suspension program provided by a school district for any
12students in kindergarten through grade 12 may focus on
13promoting non-violent conflict resolution and positive
14interaction with other students and school personnel. A school
15district may employ a school social worker or a licensed
16mental health professional to oversee an in-school suspension
17program in kindergarten through grade 12.
18(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
19102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
21    Sec. 26-12. Punitive action.
22    (a) No punitive action, including out-of-school
23suspensions, expulsions, or court action, shall be taken
24against truant minors for such truancy unless appropriate and
25available supportive services and other school resources have

 

 

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1been provided to the student. Notwithstanding the provisions
2of Section 10-22.6 of this Code, a truant minor may not be
3expelled for nonattendance unless he or she has accrued 15
4consecutive days of absences without valid cause and the
5student cannot be located by the school district or the school
6district has located the student but cannot, after exhausting
7all available supportive services, compel the student to
8return to school.
9    (b) School personnel A school district may not refer a
10truant, chronic truant, or truant minor to any other local
11public entity, as defined under Section 1-206 of the Local
12Governmental and Governmental Employees Tort Immunity Act,
13school resource officer, as defined under Section 10-20.68 of
14this Code, or peace officer, as defined under Section 2-13 of
15the Criminal Code of 2012, for that local public entity to
16issue the child a fine or a fee as punishment for his or her
17truancy.
18    (c) A school district may refer any person having custody
19or control of a truant, chronic truant, or truant minor to any
20other local public entity, as defined under Section 1-206 of
21the Local Governmental and Governmental Employees Tort
22Immunity Act, for that local public entity to issue the person
23a fine or fee for the child's truancy only if the school
24district's truant officer, regional office of education, or
25intermediate service center has been notified of the truant
26behavior and the school district, regional office of

 

 

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1education, or intermediate service center has offered all
2appropriate and available supportive services and other school
3resources to the child. Before a school district may refer a
4person having custody or control of a child to a municipality,
5as defined under Section 1-1-2 of the Illinois Municipal Code,
6the school district must provide the following appropriate and
7available services:
8        (1) For any child who is a homeless child, as defined
9    under Section 1-5 of the Education for Homeless Children
10    Act, a meeting between the child, the person having
11    custody or control of the child, relevant school
12    personnel, and a homeless liaison to discuss any barriers
13    to the child's attendance due to the child's transitional
14    living situation and to construct a plan that removes
15    these barriers.
16        (2) For any child with a documented disability, a
17    meeting between the child, the person having custody or
18    control of the child, and relevant school personnel to
19    review the child's current needs and address the
20    appropriateness of the child's placement and services. For
21    any child subject to Article 14 of this Code, this meeting
22    shall be an individualized education program meeting and
23    shall include relevant members of the individualized
24    education program team. For any child with a disability
25    under Section 504 of the federal Rehabilitation Act of
26    1973 (29 U.S.C. 794), this meeting shall be a Section 504

 

 

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1    plan review and include relevant members of the Section
2    504 plan team.
3        (3) For any child currently being evaluated by a
4    school district for a disability or for whom the school
5    has a basis of knowledge that the child is a child with a
6    disability under 20 U.S.C. 1415(k)(5), the completion of
7    the evaluation and determination of the child's
8    eligibility for special education services.
9    (d) Before a school district may refer a person having
10custody or control of a child to a local public entity under
11this Section, the school district must document any
12appropriate and available supportive services offered to the
13child. In the event a meeting under this Section does not
14occur, a school district must have documentation that it made
15reasonable efforts to convene the meeting at a mutually
16convenient time and date for the school district and the
17person having custody or control of the child and, but for the
18conduct of that person, the meeting would have occurred.
19(Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
20101-81, eff. 7-12-19.)
 
21    Section 95. No acceleration or delay. Where this Act makes
22changes in a statute that is represented in this Act by text
23that is not yet or no longer in effect (for example, a Section
24represented by multiple versions), the use of that text does
25not accelerate or delay the taking effect of (i) the changes

 

 

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1made by this Act or (ii) provisions derived from any other
2Public Act.
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.