Rep. Michelle Mussman

Filed: 3/21/2023

 

 


 

 


 
10300HB3600ham001LRB103 29452 RJT 59544 a

1
AMENDMENT TO HOUSE BILL 3600

2    AMENDMENT NO. ______. Amend House Bill 3600 by replacing
3everything after the enacting clause with the following:
 
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

 

 

10300HB3600ham001- 2 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 3 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 4 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 5 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 6 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 7 -LRB103 29452 RJT 59544 a

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,

 

 

10300HB3600ham001- 8 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 9 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 10 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 11 -LRB103 29452 RJT 59544 a

1requiring a student to provide restitution for lost, stolen,
2or damaged property.
3    (j) Subsections (a) through (i) of this Section shall
4apply to elementary and secondary schools, charter schools,
5special charter districts, and school districts organized
6under Article 34 of this Code.
7    (k) The expulsion of children enrolled in programs funded
8under Section 1C-2 of this Code is subject to the requirements
9under paragraph (7) of subsection (a) of Section 2-3.71 of
10this Code.
11    (l) (Blank). Beginning with the 2018-2019 school year, an
12in-school suspension program provided by a school district for
13any students in kindergarten through grade 12 may focus on
14promoting non-violent conflict resolution and positive
15interaction with other students and school personnel. A school
16district may employ a school social worker or a licensed
17mental health professional to oversee an in-school suspension
18program in kindergarten through grade 12.
19(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
20102-813, eff. 5-13-22.)
 
21    (Text of Section after amendment by P.A. 102-466)
22    Sec. 10-22.6. Suspension or expulsion of pupils; school
23searches.
24    (a) To expel pupils guilty of gross disobedience or
25misconduct, including gross disobedience or misconduct

 

 

10300HB3600ham001- 12 -LRB103 29452 RJT 59544 a

1perpetuated by electronic means, pursuant to subsection (b-20)
2of this Section, and no action shall lie against them for such
3expulsion. Expulsion shall take place only after the parents
4or guardians have been requested to appear at a meeting of the
5board, or with a hearing officer appointed by it, to discuss
6their child's behavior. Such request shall be made by
7registered or certified mail and shall state the time, place
8and purpose of the meeting. The board, or a hearing officer
9appointed by it, at such meeting shall state the reasons for
10dismissal and the date on which the expulsion is to become
11effective. If a hearing officer is appointed by the board, he
12shall report to the board a written summary of the evidence
13heard at the meeting and the board may take such action thereon
14as it finds appropriate. If the board acts to expel a pupil,
15the written expulsion decision shall detail the specific
16reasons why removing the pupil from the learning environment
17is in the best interest of the school. The expulsion decision
18shall also include a rationale as to the specific duration of
19the expulsion. An expelled pupil may be immediately
20transferred to an alternative program in the manner provided
21in Article 13A or 13B of this Code. A pupil must not be denied
22transfer because of the expulsion, except in cases in which
23such transfer is deemed to cause a threat to the safety of
24students or staff in the alternative program.
25    (b) To suspend or by policy to authorize the
26superintendent of the district or the principal, assistant

 

 

10300HB3600ham001- 13 -LRB103 29452 RJT 59544 a

1principal, or dean of students of any school to suspend pupils
2guilty of gross disobedience or misconduct, or to suspend
3pupils guilty of gross disobedience or misconduct on the
4school bus from riding the school bus, pursuant to subsections
5(b-15) and (b-20) of this Section, and no action shall lie
6against them for such suspension. The board may by policy
7authorize the superintendent of the district or the principal,
8assistant principal, or dean of students of any school to
9suspend pupils guilty of such acts for a period not to exceed
1010 school days. If a pupil is suspended due to gross
11disobedience or misconduct on a school bus, the board may
12suspend the pupil in excess of 10 school days for safety
13reasons.
14    Any suspension shall be reported immediately to the
15parents or guardians of a pupil along with a full statement of
16the reasons for such suspension and a notice of their right to
17a review. The school board must be given a summary of the
18notice, including the reason for the suspension and the
19suspension length. Upon request of the parents or guardians,
20the school board or a hearing officer appointed by it shall
21review such action of the superintendent or principal,
22assistant principal, or dean of students. At such review, the
23parents or guardians of the pupil may appear and discuss the
24suspension with the board or its hearing officer. If a hearing
25officer is appointed by the board, he shall report to the board
26a written summary of the evidence heard at the meeting. After

 

 

10300HB3600ham001- 14 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 15 -LRB103 29452 RJT 59544 a

1Code, school boards may not institute zero-tolerance policies
2by which school administrators are required to suspend or
3expel students for particular behaviors.
4    (b-15) Out-of-school suspensions of 3 days or less may be
5used only if the student's continuing presence in school would
6pose a threat to school safety or a disruption to other
7students' learning opportunities. For purposes of this
8subsection (b-15), "threat to school safety or a disruption to
9other students' learning opportunities" shall be determined on
10a case-by-case basis by the school board or its designee.
11School officials shall make all reasonable efforts to resolve
12such threats, address such disruptions, and minimize the
13length of suspensions to the greatest extent practicable.
14    (b-20) Unless otherwise required by this Code,
15out-of-school suspensions of longer than 3 days, expulsions,
16and disciplinary removals to alternative schools may be used
17only if other appropriate and available behavioral and
18disciplinary interventions have been exhausted and the
19student's continuing presence in school would either (i) pose
20a threat to the safety of other students, staff, or members of
21the school community or (ii) substantially disrupt, impede, or
22interfere with the operation of the school. For purposes of
23this subsection (b-20), "threat to the safety of other
24students, staff, or members of the school community" and
25"substantially disrupt, impede, or interfere with the
26operation of the school" shall be determined on a case-by-case

 

 

10300HB3600ham001- 16 -LRB103 29452 RJT 59544 a

1basis by school officials. For purposes of this subsection
2(b-20), the determination of whether "appropriate and
3available behavioral and disciplinary interventions have been
4exhausted" shall be made by school officials. School officials
5shall make all reasonable efforts to resolve such threats,
6address such disruptions, and minimize the length of student
7exclusions to the greatest extent practicable. Within the
8suspension decision described in subsection (b) of this
9Section or the expulsion decision described in subsection (a)
10of this Section, it shall be documented whether other
11interventions were attempted or whether it was determined that
12there were no other appropriate and available interventions.
13    (b-25) Students who are suspended out-of-school for longer
14than 4 school days shall be provided appropriate and available
15support services during the period of their suspension. For
16purposes of this subsection (b-25), "appropriate and available
17support services" shall be determined by school authorities.
18Within the suspension decision described in subsection (b) of
19this Section, it shall be documented whether such services are
20to be provided or whether it was determined that there are no
21such appropriate and available services.
22    A school district may refer students who are expelled to
23appropriate and available support services.
24    A school district shall create a policy to facilitate the
25re-engagement of students who are suspended out-of-school,
26expelled, or returning from an alternative school setting.

 

 

10300HB3600ham001- 17 -LRB103 29452 RJT 59544 a

1    (b-30) A school district shall create a policy by which
2suspended pupils, including those pupils suspended from the
3school bus who do not have alternate transportation to school,
4shall have the opportunity to make up work for equivalent
5academic credit. It shall be the responsibility of a pupil's
6parents or guardians to notify school officials that a pupil
7suspended from the school bus does not have alternate
8transportation to school.
9    (b-35) In all suspension review hearings conducted under
10subsection (b) or expulsion hearings conducted under
11subsection (a), a student may disclose any factor to be
12considered in mitigation, including his or her status as a
13parent, expectant parent, or victim of domestic or sexual
14violence, as defined in Article 26A. A representative of the
15parent's or guardian's choice, or of the student's choice if
16emancipated, must be permitted to represent the student
17throughout the proceedings and to address the school board or
18its appointed hearing officer. With the approval of the
19student's parent or guardian, or of the student if
20emancipated, a support person must be permitted to accompany
21the student to any disciplinary hearings or proceedings. The
22representative or support person must comply with any rules of
23the school district's hearing process. If the representative
24or support person violates the rules or engages in behavior or
25advocacy that harasses, abuses, or intimidates either party, a
26witness, or anyone else in attendance at the hearing, the

 

 

10300HB3600ham001- 18 -LRB103 29452 RJT 59544 a

1representative or support person may be prohibited from
2further participation in the hearing or proceeding. A
3suspension or expulsion proceeding under this subsection
4(b-35) must be conducted independently from any ongoing
5criminal investigation or proceeding, and an absence of
6pending or possible criminal charges, criminal investigations,
7or proceedings may not be a factor in school disciplinary
8decisions.
9    (b-40) During a suspension review hearing conducted under
10subsection (b) or an expulsion hearing conducted under
11subsection (a) that involves allegations of sexual violence by
12the student who is subject to discipline, neither the student
13nor his or her representative shall directly question nor have
14direct contact with the alleged victim. The student who is
15subject to discipline or his or her representative may, at the
16discretion and direction of the school board or its appointed
17hearing officer, suggest questions to be posed by the school
18board or its appointed hearing officer to the alleged victim.
19    (c) A school board must invite a representative from a
20local mental health agency to consult with the board at the
21meeting whenever there is evidence that mental illness may be
22the cause of a student's expulsion or suspension.
23    (c-5) School districts shall make reasonable efforts to
24provide ongoing professional development to teachers,
25administrators, school board members, school resource
26officers, and staff on the adverse consequences of school

 

 

10300HB3600ham001- 19 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 20 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 21 -LRB103 29452 RJT 59544 a

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

 

 

10300HB3600ham001- 22 -LRB103 29452 RJT 59544 a

1    (g) A school district may adopt a policy providing that if
2a student is suspended or expelled for any reason from any
3public or private school in this or any other state, the
4student must complete the entire term of the suspension or
5expulsion in an alternative school program under Article 13A
6of this Code or an alternative learning opportunities program
7under Article 13B of this Code before being admitted into the
8school district if there is no threat to the safety of students
9or staff in the alternative program. A school district that
10adopts a policy under this subsection (g) must include a
11provision allowing for consideration of any mitigating
12factors, including, but not limited to, a student's status as
13a parent, expectant parent, or victim of domestic or sexual
14violence, as defined in Article 26A.
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

 

 

10300HB3600ham001- 23 -LRB103 29452 RJT 59544 a

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; 102-466, eff. 7-1-25;
13102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
14    (105 ILCS 5/10-22.6c new)
15    Sec. 10-22.6c. Shortened school day or removal of student
16from school initiated by school personnel; documentation and
17notice.
18    (a) When a student's school day is reduced by school
19personnel, including when the student is sent home during the
20school day, assigned to an in-school suspension, told not to
21come to school for non-medical reasons, or for other reasons
22that are not valid causes for absence under this Code,
23including behaviors that do not rise to the level of gross
24disobedience or misconduct, such actions by school personnel
25must be documented, and the student's parent or guardian must

 

 

10300HB3600ham001- 24 -LRB103 29452 RJT 59544 a

1be provided a notice in writing describing the action taken
2and the specific reason or reasons for the action. The
3documentation and written notice must be made part of the
4student's temporary school record pursuant to the Illinois
5School Student Records Act.
6    (b) If a removal is for gross disobedience or misconduct
7the written notice must comply with Section 22.6.
8    (c) A shortened school day or removal of a student with a
9disability initiated by school personnel pursuant to
10subsection (a) shall also conform with the applicable
11provisions of the federal Individuals with Disabilities
12Education Act, 20 U.S.C. 1400 et seq.; Section 504 of the
13federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.;
14Article 14 of this Code; and any other applicable federal or
15State rules, including, but not limited to, 34 CFR 300.530
16through 300.536.
17    (d) The written notice to the parents or guardian of a
18student with a disability provided under subsection (a) must
19inform the parents or guardian of the school district's
20responsibility to convene a meeting of the student's IEP team
21or Section 504 plan team to review the student's behavioral
22intervention plan or to develop such a plan, and of the
23parent's right to request such a meeting, if the cumulative
24number of days of removal of the student exceeds 10 in a school
25year.
 

 

 

10300HB3600ham001- 25 -LRB103 29452 RJT 59544 a

1    (105 ILCS 5/10-22.6d new)
2    Sec. 10-22.6d. In-school suspension.
3    (a) In this Section, "in-school suspension" means the
4temporary removal of a student from the student'-s regular
5classroom initiated by school personnel for disciplinary
6purposes while the student remains under the direct
7supervision of school personnel.
8    (b) A school board shall authorize a superintendent of the
9district or the principal, assistant principal, or dean of
10students of any school to assign students guilty of gross
11disobedience or misconduct to in-school suspension, and no
12action shall lie against them for the in-school suspension.
13    (c) Before assigning a student to in-school suspension,
14the charges shall be explained to the student, and the student
15shall be given an opportunity to respond to the charges.
16    (d) Students shall be given the opportunity to complete
17classroom work during the in-school suspension for equivalent
18academic credit. An in-school suspension program provided by a
19school district for any students in kindergarten through grade
2012 may focus on promoting non-violent conflict resolution and
21positive interaction with other students and school personnel.
22A school district may employ a school social worker or a
23licensed mental health professional to oversee an in-school
24suspension program in kindergarten through grade 12.
25    (e) The parents or guardians of a student shall be
26provided with written notice of any in-school suspension,

 

 

10300HB3600ham001- 26 -LRB103 29452 RJT 59544 a

1along with a full statement of the reasons for such in-school
2suspension. If the student is a student with a disability, the
3written notice shall also state whether the student will
4receive the instruction and services specified in the
5student's individualized educational program during the
6in-school suspension.
 
7    Section 95. No acceleration or delay. Where this Act makes
8changes in a statute that is represented in this Act by text
9that is not yet or no longer in effect (for example, a Section
10represented by multiple versions), the use of that text does
11not accelerate or delay the taking effect of (i) the changes
12made by this Act or (ii) provisions derived from any other
13Public Act.
 
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".