103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB3600

 

Introduced 2/17/2023, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/10-22.6c new
105 ILCS 5/10-22.6d new

    Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately.


LRB103 29452 RJT 55844 b

 

 

A BILL FOR

 

HB3600LRB103 29452 RJT 55844 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 Section
510-22.6 and by adding Sections 10-22.6c and 10-22.6d as
6follows:
 
7    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
8    (Text of Section before amendment by P.A. 102-466)
9    Sec. 10-22.6. Suspension or expulsion of pupils; school
10searches.
11    (a) To expel pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16have been requested to appear at a meeting of the board, or
17with a hearing officer appointed by it, to discuss their
18child's behavior. Such request shall be made by registered or
19certified mail and shall state the time, place and purpose of
20the meeting. The board, or a hearing officer appointed by it,
21at such meeting shall state the reasons for dismissal and the
22date on which the expulsion is to become effective. If a
23hearing officer is appointed by the board, he shall report to

 

 

HB3600- 2 -LRB103 29452 RJT 55844 b

1the board a written summary of the evidence heard at the
2meeting and the board may take such action thereon as it finds
3appropriate. If the board acts to expel a pupil, the written
4expulsion decision shall detail the specific reasons why
5removing the pupil from the learning environment is in the
6best interest of the school. The expulsion decision shall also
7include a rationale as to the specific duration of the
8expulsion. An expelled pupil may be immediately transferred to
9an alternative program in the manner provided in Article 13A
10or 13B of this Code. A pupil must not be denied transfer
11because of the expulsion, except in cases in which such
12transfer is deemed to cause a threat to the safety of students
13or staff in the alternative program.
14    (b) To suspend or by policy to authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend pupils
17guilty of gross disobedience or misconduct, or to suspend
18pupils guilty of gross disobedience or misconduct on the
19school bus from riding the school bus, pursuant to subsections
20(b-15) and (b-20) of this Section, and no action shall lie
21against them for such suspension. The board may by policy
22authorize the superintendent of the district or the principal,
23assistant principal, or dean of students of any school to
24suspend pupils guilty of such acts for a period not to exceed
2510 school days. If a pupil is suspended due to gross
26disobedience or misconduct on a school bus, the board may

 

 

HB3600- 3 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 4 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 5 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 6 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 7 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 8 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 9 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 10 -LRB103 29452 RJT 55844 b

1disciplinary action may be taken. School authorities may also
2turn over such evidence to law enforcement authorities.
3    (f) Suspension or expulsion may include suspension or
4expulsion from school and all school activities and a
5prohibition from being present on school grounds.
6    (g) A school district may adopt a policy providing that if
7a student is suspended or expelled for any reason from any
8public or private school in this or any other state, the
9student must complete the entire term of the suspension or
10expulsion in an alternative school program under Article 13A
11of this Code or an alternative learning opportunities program
12under Article 13B of this Code before being admitted into the
13school district if there is no threat to the safety of students
14or staff in the alternative program.
15    (h) School officials shall not advise or encourage
16students to drop out voluntarily due to behavioral or academic
17difficulties.
18    (i) A student may not be issued a monetary fine or fee as a
19disciplinary consequence, though this shall not preclude
20requiring a student to provide restitution for lost, stolen,
21or damaged property.
22    (j) Subsections (a) through (i) of this Section shall
23apply to elementary and secondary schools, charter schools,
24special charter districts, and school districts organized
25under Article 34 of this Code.
26    (k) The expulsion of children enrolled in programs funded

 

 

HB3600- 11 -LRB103 29452 RJT 55844 b

1under Section 1C-2 of this Code is subject to the requirements
2under paragraph (7) of subsection (a) of Section 2-3.71 of
3this Code.
4    (l) (Blank). Beginning with the 2018-2019 school year, an
5in-school suspension program provided by a school district for
6any students in kindergarten through grade 12 may focus on
7promoting non-violent conflict resolution and positive
8interaction with other students and school personnel. A school
9district may employ a school social worker or a licensed
10mental health professional to oversee an in-school suspension
11program in kindergarten through grade 12.
12(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
13102-813, eff. 5-13-22.)
 
14    (Text of Section after amendment by P.A. 102-466)
15    Sec. 10-22.6. Suspension or expulsion of pupils; school
16searches.
17    (a) To expel pupils guilty of gross disobedience or
18misconduct, including gross disobedience or misconduct
19perpetuated by electronic means, pursuant to subsection (b-20)
20of this Section, and no action shall lie against them for such
21expulsion. Expulsion shall take place only after the parents
22or guardians have been requested to appear at a meeting of the
23board, or with a hearing officer appointed by it, to discuss
24their child's behavior. Such request shall be made by
25registered or certified mail and shall state the time, place

 

 

HB3600- 12 -LRB103 29452 RJT 55844 b

1and purpose of the meeting. The board, or a hearing officer
2appointed by it, at such meeting shall state the reasons for
3dismissal and the date on which the expulsion is to become
4effective. If a hearing officer is appointed by the board, he
5shall report to the board a written summary of the evidence
6heard at the meeting and the board may take such action thereon
7as it finds appropriate. If the board acts to expel a pupil,
8the written expulsion decision shall detail the specific
9reasons why removing the pupil from the learning environment
10is in the best interest of the school. The expulsion decision
11shall also include a rationale as to the specific duration of
12the expulsion. An expelled pupil may be immediately
13transferred to an alternative program in the manner provided
14in Article 13A or 13B of this Code. A pupil must not be denied
15transfer because of the expulsion, except in cases in which
16such transfer is deemed to cause a threat to the safety of
17students or staff in the alternative program.
18    (b) To suspend or by policy to authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend pupils
21guilty of gross disobedience or misconduct, or to suspend
22pupils guilty of gross disobedience or misconduct on the
23school bus from riding the school bus, pursuant to subsections
24(b-15) and (b-20) of this Section, and no action shall lie
25against them for such suspension. The board may by policy
26authorize the superintendent of the district or the principal,

 

 

HB3600- 13 -LRB103 29452 RJT 55844 b

1assistant principal, or dean of students of any school to
2suspend pupils guilty of such acts for a period not to exceed
310 school days. If a pupil is suspended due to gross
4disobedience or misconduct on a school bus, the board may
5suspend the pupil in excess of 10 school days for safety
6reasons.
7    Any suspension shall be reported immediately to the
8parents or guardians of a pupil along with a full statement of
9the reasons for such suspension and a notice of their right to
10a review. The school board must be given a summary of the
11notice, including the reason for the suspension and the
12suspension length. Upon request of the parents or guardians,
13the school board or a hearing officer appointed by it shall
14review such action of the superintendent or principal,
15assistant principal, or dean of students. At such review, the
16parents or guardians of the pupil may appear and discuss the
17suspension with the board or its hearing officer. If a hearing
18officer is appointed by the board, he shall report to the board
19a written summary of the evidence heard at the meeting. After
20its hearing or upon receipt of the written report of its
21hearing officer, the board may take such action as it finds
22appropriate. If a student is suspended pursuant to this
23subsection (b), the board shall, in the written suspension
24decision, detail the specific act of gross disobedience or
25misconduct resulting in the decision to suspend. The
26suspension decision shall also include a rationale as to the

 

 

HB3600- 14 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 15 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 16 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 17 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 18 -LRB103 29452 RJT 55844 b

1decisions.
2    (b-40) During a suspension review hearing conducted under
3subsection (b) or an expulsion hearing conducted under
4subsection (a) that involves allegations of sexual violence by
5the student who is subject to discipline, neither the student
6nor his or her representative shall directly question nor have
7direct contact with the alleged victim. The student who is
8subject to discipline or his or her representative may, at the
9discretion and direction of the school board or its appointed
10hearing officer, suggest questions to be posed by the school
11board or its appointed hearing officer to the alleged victim.
12    (c) A school board must invite a representative from a
13local mental health agency to consult with the board at the
14meeting whenever there is evidence that mental illness may be
15the cause of a student's expulsion or suspension.
16    (c-5) School districts shall make reasonable efforts to
17provide ongoing professional development to teachers,
18administrators, school board members, school resource
19officers, and staff on the adverse consequences of school
20exclusion and justice-system involvement, effective classroom
21management strategies, culturally responsive discipline, the
22appropriate and available supportive services for the
23promotion of student attendance and engagement, and
24developmentally appropriate disciplinary methods that promote
25positive and healthy school climates.
26    (d) The board may expel a student for a definite period of

 

 

HB3600- 19 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 20 -LRB103 29452 RJT 55844 b

1expulsion as provided in this Section may be eligible for a
2transfer to an alternative school program in accordance with
3Article 13A of the School Code.
4    (d-5) The board may suspend or by regulation authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend a
7student for a period not to exceed 10 school days or may expel
8a student for a definite period of time not to exceed 2
9calendar years, as determined on a case-by-case basis, if (i)
10that student has been determined to have made an explicit
11threat on an Internet website against a school employee, a
12student, or any school-related personnel, (ii) the Internet
13website through which the threat was made is a site that was
14accessible within the school at the time the threat was made or
15was available to third parties who worked or studied within
16the school grounds at the time the threat was made, and (iii)
17the threat could be reasonably interpreted as threatening to
18the safety and security of the threatened individual because
19of his or her duties or employment status or status as a
20student inside the school.
21    (e) To maintain order and security in the schools, school
22authorities may inspect and search places and areas such as
23lockers, desks, parking lots, and other school property and
24equipment owned or controlled by the school, as well as
25personal effects left in those places and areas by students,
26without notice to or the consent of the student, and without a

 

 

HB3600- 21 -LRB103 29452 RJT 55844 b

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

 

 

HB3600- 22 -LRB103 29452 RJT 55844 b

1school district if there is no threat to the safety of students
2or staff in the alternative program. A school district that
3adopts a policy under this subsection (g) must include a
4provision allowing for consideration of any mitigating
5factors, including, but not limited to, a student's status as
6a parent, expectant parent, or victim of domestic or sexual
7violence, as defined in Article 26A.
8    (h) School officials shall not advise or encourage
9students to drop out voluntarily due to behavioral or academic
10difficulties.
11    (i) A student may not be issued a monetary fine or fee as a
12disciplinary consequence, though this shall not preclude
13requiring a student to provide restitution for lost, stolen,
14or damaged property.
15    (j) Subsections (a) through (i) of this Section shall
16apply to elementary and secondary schools, charter schools,
17special charter districts, and school districts organized
18under Article 34 of this Code.
19    (k) The expulsion of children enrolled in programs funded
20under Section 1C-2 of this Code is subject to the requirements
21under paragraph (7) of subsection (a) of Section 2-3.71 of
22this Code.
23    (l) (Blank). Beginning with the 2018-2019 school year, an
24in-school suspension program provided by a school district for
25any students in kindergarten through grade 12 may focus on
26promoting non-violent conflict resolution and positive

 

 

HB3600- 23 -LRB103 29452 RJT 55844 b

1interaction with other students and school personnel. A school
2district may employ a school social worker or a licensed
3mental health professional to oversee an in-school suspension
4program in kindergarten through grade 12.
5(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
6102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
7    (105 ILCS 5/10-22.6c new)
8    Sec. 10-22.6c. Removal of a student from learning
9environment; documentation and notice.
10    (a) If a student is sent home for a full or partial school
11day, subjected to an in-school suspension, told not to come to
12school for non-medical reasons, or for other reasons that are
13not valid causes for absence under this Code, including
14behaviors that do not rise to the level of gross disobedience
15or misconduct, removal from the educational environment must
16be documented and the student's parent or guardian must be
17provided a notice in writing describing the action taken and
18the specific reason or reasons for the action. The
19documentation and written notice must be made part of the
20student's temporary school record pursuant to the Illinois
21School Student Records Act.
22    (b) If a removal is for gross disobedience or misconduct
23the written notice must comply with Section 22.6.
24    (c) Any removal of a student with a disability from the
25learning environment shall also conform with the applicable

 

 

HB3600- 24 -LRB103 29452 RJT 55844 b

1provisions of the federal Individuals with Disabilities
2Education Act, 20 U.S.C. 1400 et seq.; Section 504 of the
3federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.;
4Article 14 of this Code; and any other applicable federal or
5State rules, including, but not limited to, 34 CFR 300.530
6through 300.536.
7    (d) The written notice to the parents or guardian of a
8student with a disability provided under subsection (a) must
9include a description of the school district's responsibility
10to convene a meeting of the student's IEP team or Section 504
11plan team to review the student's behavioral intervention plan
12or to develop such a plan, and the parent's right to request
13such a meeting, if the cumulative number of days of removal of
14the student exceeds 10 in a school year.
 
15    (105 ILCS 5/10-22.6d new)
16    Sec. 10-22.6d. In-school suspension.
17    (a) In this Section, "in-school suspension" means the
18temporary removal of a pupil from their regular classroom for
19disciplinary purposes while they remain under the direct
20supervision of school personnel.
21    (b) A school board shall authorize a superintendent of the
22district or the principal, assistant principal, or dean of
23students of any school to assign pupils guilty of gross
24disobedience or misconduct and send the pupil to in-school
25suspension, and no action shall lie against them for the

 

 

HB3600- 25 -LRB103 29452 RJT 55844 b

1in-school suspension.
2    (c) Before assigning a pupil to in-school suspension, the
3charges shall be explained to the pupil and the pupil shall be
4given an opportunity to respond to the charges.
5    (d) Pupils shall be given the opportunity to complete
6classroom work during the in-school suspension for equivalent
7academic credit. An in-school suspension program provided by a
8school district for any pupils in kindergarten through grade
912 may focus on promoting non-violent conflict resolution and
10positive interaction with other pupils and school personnel. A
11school district may employ a school social worker or a
12licensed mental health professional to oversee an in-school
13suspension program in kindergarten through grade 12.
14    (e) The parents or guardians of a pupil shall be provided
15with written notice of any in-school suspension, along with a
16full statement of the reasons for such in-school suspension.
17If the pupil is a pupil with a disability, the written notice
18shall also state whether the pupil will receive the
19instruction and services specified in the student's
20individualized educational program during the in-school
21suspension.
 
22    Section 95. No acceleration or delay. Where this Act makes
23changes in a statute that is represented in this Act by text
24that is not yet or no longer in effect (for example, a Section
25represented by multiple versions), the use of that text does

 

 

HB3600- 26 -LRB103 29452 RJT 55844 b

1not accelerate or delay the taking effect of (i) the changes
2made by this Act or (ii) provisions derived from any other
3Public Act.
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.