Sen. Kimberly A. Lightford

Filed: 3/7/2023

 

 


 

 


 
10300SB1400sam001LRB103 25975 RJT 58361 a

1
AMENDMENT TO SENATE BILL 1400

2    AMENDMENT NO. ______. Amend Senate Bill 1400 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-20.14 and 10-22.6 as follows:
 
6    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
7    Sec. 10-20.14. Student discipline policies; parent-teacher
8advisory committee.
9    (a) To establish and maintain a parent-teacher advisory
10committee to develop with the school board or governing body
11of a charter school policy guidelines on student pupil
12discipline, including school searches and bullying prevention
13as set forth in Section 27-23.7 of this Code. School
14authorities shall furnish a copy of the policy to the parents
15or guardian of each student pupil within 15 days after the
16beginning of the school year, or within 15 days after starting

 

 

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1classes for a student pupil who transfers into the district
2during the school year, and the school board or governing body
3of a charter school shall require that a school inform its
4students pupils of the contents of the policy. School boards
5and the governing bodies of charter schools, along with the
6parent-teacher advisory committee, must annually evaluate
7review their student pupil discipline policies, and the
8implementation of those policies, ensuring the fair and
9consistent enforcement of those policies for all students and
10the safety and any other factors related to the safety of their
11schools, students pupils, and school personnel staff.
12    (a-5) On or before September 15, 2016, each elementary and
13secondary school and charter school shall, at a minimum, adopt
14student pupil discipline policies that fulfill the
15requirements set forth in this Section, subsections (a) and
16(b) of Section 10-22.6 of this Code, Section 34-19 of this Code
17if applicable, and federal and State laws that provide special
18requirements for the discipline of students with disabilities.
19    (b) The parent-teacher advisory committee in cooperation
20with local law enforcement agencies shall develop, with the
21school board, policy guideline procedures to establish and
22maintain a reciprocal reporting system between the school
23district and local law enforcement agencies regarding criminal
24offenses committed by students. School districts are
25encouraged to create memoranda of understanding with local law
26enforcement agencies that clearly define law enforcement's

 

 

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1role in schools, in accordance with Section 10-22.6 of this
2Code. The State Board of Education shall draft and publish
3model policy guidelines for the development of reciprocal
4reporting systems in accordance with this Section.
5    (c) The parent-teacher advisory committee, in cooperation
6with school bus personnel, shall develop, with the school
7board, policy guideline procedures to establish and maintain
8school bus safety procedures. These procedures shall be
9incorporated into the district's student pupil discipline
10policy. The State Board of Education shall draft and publish
11model policy guidelines for the development of school bus
12safety procedures in accordance with this Section.
13    (d) As used in this subsection (d), "evidence-based
14interventions" means interventions that have demonstrated a
15statistically significant effect on improving student outcomes
16as documented in peer-reviewed scholarly journals.
17    The school board, in consultation with the parent-teacher
18advisory committee and other community-based organizations,
19must include provisions in the student discipline policy to
20address students who have demonstrated behaviors that put them
21at risk for aggressive behavior, including without limitation
22bullying, as defined in the policy. These provisions must
23include procedures for notifying parents or legal guardians
24and early intervention procedures based upon available
25community-based and district resources.
26    Any early intervention procedures shall be evidence-based

 

 

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1interventions. The State Board of Education shall draft and
2publish model policy guidelines for evidence-based early
3intervention procedures, including examples, in consultation
4with behavioral health experts and in accordance with this
5Section.
6(Source: P.A. 99-456, eff. 9-15-16.)
 
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 students pupils;
10school searches.
11    (a) To expel students pupils guilty of gross disobedience
12or misconduct, 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, unless the student's gross disobedience or
19misconduct poses an immediate threat to the health or safety
20of students or school personnel. Such request shall be made by
21registered or certified mail and shall state the time, place
22and purpose of the meeting. The board, or a hearing officer
23appointed by it, at such meeting shall state the reasons for
24dismissal and the date on which the expulsion is to become
25effective. If a hearing officer is appointed by the board, the

 

 

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

 

 

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

 

 

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1program in the manner provided in Article 13A or 13B of this
2Code. A student pupil must not be denied transfer because of
3the suspension, except in cases in which such transfer is
4deemed to cause a threat to the safety of students or school
5personnel staff in the alternative program.
6    (b-2) As used in this Section:
7    "Evidence-based interventions" means interventions that
8have demonstrated a statistically significant effect on
9improving student outcomes documented in peer-reviewed
10scholarly journals.
11    "Serious bodily injury" means bodily injury that involves
12a substantial risk of death, extreme physical pain, protracted
13and obvious disfigurement, or protracted loss or impairment of
14the function of a bodily member, organ, or mental faculty.
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 and should only be used when the student's
19presence threatens the operation of the school or the health
20or safety of students or school personnel. School officials
21shall limit the number and duration of expulsions and
22suspensions to the greatest extent practicable, and it is
23recommended that they use them only for legitimate educational
24purposes. To ensure that students are not excluded from school
25unnecessarily, it is recommended that school officials
26consider implementing proactive evidence-based interventions

 

 

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1that improve behavioral outcomes for all students. Examples of
2evidence-based interventions include school-wide positive
3behavioral interventions and support, restorative justice and
4the entire continuum of restorative practices, social and
5emotional learning programs, trauma-informed teaching
6strategies, and access to appropriate school-based mental
7health services. In addition, it is recommended that school
8officials consider forms of non-exclusionary discipline if
9appropriate prior to using out-of-school suspensions or
10expulsions. Forms of non-exclusionary discipline include
11in-school suspensions that allow students to continue academic
12instruction in an alternative environment, restorative
13conferences, and small-group instruction on behavior
14management strategies.
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 the operation of the school or the health or
22safety of students or school personnel school safety or a
23disruption to other students' learning opportunities. For
24purposes of this subsection (b-15), "threat to the operation
25of the school or the health or safety of students or school
26personnel school safety or a disruption to other students'

 

 

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

 

 

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1in subsection (b) of this Section or the expulsion decision
2described in subsection (a) of this Section, it shall be
3documented whether other interventions were attempted or
4whether it was determined that there were no other appropriate
5and 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    The State Board of Education shall draft and publish model
16policy guidelines for the re-engagement of students who are
17suspended out-of-school, expelled, or returning from an
18alternative school setting in accordance with this Section.
19    A school district may refer students who are expelled to
20appropriate and available support services.
21    A school district shall create a policy to facilitate the
22re-engagement of students who are suspended out-of-school,
23expelled, or returning from an alternative school setting.
24    (b-30) A school district shall create a policy by which
25suspended students pupils, including those students pupils
26suspended from the school bus who do not have alternate

 

 

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1transportation to school, shall have the opportunity to make
2up work for equivalent academic credit. It shall be the
3responsibility of a student's pupil's parent or guardian to
4notify school officials that a student pupil suspended from
5the school bus does not have alternate transportation to
6school.
7    (c) A school board must invite a representative from a
8local mental health agency to consult with the board at the
9meeting whenever there is evidence that mental illness may be
10the cause of a student's expulsion or suspension.
11    (c-5) A school district School districts shall make
12reasonable efforts to provide ongoing professional development
13to all school personnel teachers, administrators, school board
14members, school resource officers, and staff on the adverse
15consequences of school exclusion and justice-system
16involvement and the evidence-based interventions employed by
17the district in accordance with this Section and Section
1810-20.14 , effective classroom management strategies,
19culturally responsive discipline, the appropriate and
20available supportive services for the promotion of student
21attendance and engagement, and developmentally appropriate
22disciplinary methods that promote positive and healthy school
23climates.
24    (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a
26case-by-case basis. A student who is determined to have

 

 

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

 

 

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1Article 13A of the School Code.
2    (d-3) Any suspension, expulsion, or change of placement
3due to a violation of the code of student conduct of a student
4with a disability shall comply with the requirements of the
5federal Individuals with Disabilities Education Act and its
6implementing regulations and the federal Section 504 of the
7Rehabilitation Act of 1973 and its implementing regulation.
8    (d-5) The board may suspend or by regulation authorize the
9superintendent of the district or the principal, assistant
10principal, or dean of students of any school to suspend a
11student for a period not to exceed 10 school days or may expel
12a student for a definite period of time not to exceed 2
13calendar years, as determined on a case-by-case basis, if (i)
14that student has been determined to have made an explicit
15threat on an Internet website against a school employee, a
16student, or any school-related personnel, (ii) the Internet
17website through which the threat was made is a site that was
18accessible within the school at the time the threat was made or
19was available to third parties who worked or studied within
20the school grounds at the time the threat was made, and (iii)
21the threat could be reasonably interpreted as threatening to
22the safety and security of the threatened individual because
23of the individual's his or her duties or employment status or
24status as a student inside the school.
25    (e) To maintain order and security in the schools, school
26authorities may inspect and search places and areas such as

 

 

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

 

 

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1student must complete the entire term of the suspension or
2expulsion in an alternative school program under Article 13A
3of this Code or an alternative learning opportunities program
4under Article 13B of this Code before being admitted into the
5school district if there is no threat to the safety of students
6or staff in the alternative program.
7    (h) School officials shall not advise or encourage
8students to drop out voluntarily due to behavioral or academic
9difficulties.
10    (i) A student may not be issued a monetary fine or fee as a
11disciplinary consequence, though this shall not preclude
12requiring a student to provide restitution for lost, stolen,
13or damaged property.
14    (j) Subsections (a) through (i) of this Section shall
15apply to elementary and secondary schools, charter schools,
16special charter districts, and school districts organized
17under Article 34 of this Code.
18    (k) The expulsion of students children enrolled in
19programs funded under Section 1C-2 of this Code is subject to
20the requirements under paragraph (7) of subsection (a) of
21Section 2-3.71 of this Code.
22    (l) Beginning with the 2018-2019 school year, an in-school
23suspension program provided by a school district for any
24students in kindergarten through grade 12 may focus on
25promoting non-violent conflict resolution and positive
26interaction with other students and school personnel. A school

 

 

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1district may employ a school social worker or a licensed
2mental health professional to oversee an in-school suspension
3program in kindergarten through grade 12.
4(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
5102-813, eff. 5-13-22.)
 
6    (Text of Section after amendment by P.A. 102-466)
7    Sec. 10-22.6. Suspension or expulsion of students pupils;
8school searches.
9    (a) To expel students pupils guilty of gross disobedience
10or misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, pursuant to subsection (b-20)
12of this Section, and no action shall lie against them for such
13expulsion. Expulsion shall take place only after the parents
14or guardians have been requested to appear at a meeting of the
15board, or with a hearing officer appointed by it, to discuss
16their child's behavior, unless the student's gross
17disobedience or misconduct poses an immediate threat to the
18health or safety of students or school personnel. Such request
19shall be made by registered or certified mail and shall state
20the time, place and purpose of the meeting. The board, or a
21hearing officer appointed by it, at such meeting shall state
22the reasons for dismissal and the date on which the expulsion
23is to become effective. If a hearing officer is appointed by
24the board, the hearing officer he shall report to the board a
25written summary of the evidence heard at the meeting and the

 

 

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

 

 

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

 

 

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1the suspension, except in cases in which such transfer is
2deemed to cause a threat to the safety of students or school
3personnel staff in the alternative program.
4    (b-2) As used in this Section:
5    "Evidence-based interventions" means interventions that
6have demonstrated a statistically significant effect on
7improving student outcomes documented in peer-reviewed
8scholarly journals.
9    "Serious bodily injury" means bodily injury that involves
10a substantial risk of death, extreme physical pain, protracted
11and obvious disfigurement, or protracted loss or impairment of
12the function of a bodily member, organ, or mental faculty.
13    (b-5) Among the many possible disciplinary interventions
14and consequences available to school officials, school
15exclusions, such as out-of-school suspensions and expulsions,
16are the most serious and should only be used when the student's
17presence threatens the operation of the school or the health
18or safety of students or school personnel. School officials
19shall limit the number and duration of expulsions and
20suspensions to the greatest extent practicable, and it is
21recommended that they use them only for legitimate educational
22purposes. To ensure that students are not excluded from school
23unnecessarily, it is recommended that school officials
24consider implementing proactive evidence-based interventions
25that improve behavioral outcomes for all students. Examples of
26evidence-based interventions include school-wide positive

 

 

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1behavioral interventions and support, restorative justice and
2the entire continuum of restorative practices, social and
3emotional learning programs, trauma-informed teaching
4strategies, and access to appropriate school-based mental
5health services. In addition, it is recommended that school
6officials consider forms of non-exclusionary discipline if
7appropriate prior to using out-of-school suspensions or
8expulsions. Forms of non-exclusionary discipline include
9in-school suspensions that allow students to continue academic
10instruction in an alternative environment, restorative
11conferences, and small-group instruction on behavior
12management strategies.
13    (b-10) Unless otherwise required by federal law or this
14Code, school boards may not institute zero-tolerance policies
15by which school administrators are required to suspend or
16expel students for particular behaviors.
17    (b-15) Out-of-school suspensions of 3 days or less may be
18used only if the student's continuing presence in school would
19pose a threat to the operation of the school or the health or
20safety of students or school personnel school safety or a
21disruption to other students' learning opportunities. For
22purposes of this subsection (b-15), "threat to the operation
23of the school or the health or safety of students or school
24personnel school safety or a disruption to other students'
25learning opportunities" shall be determined on a case-by-case
26basis by the school board or its designee. School officials

 

 

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1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of
3suspensions 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, school personnel
11staff, or members of the school community or (ii)
12substantially disrupt, impede, or interfere with the operation
13of the school. For purposes of this subsection (b-20), "threat
14to the safety of other students, school personnel staff, or
15members of the school community" and "substantially disrupt,
16impede, or interfere with the operation of the school" shall
17be determined on a case-by-case basis by school officials. For
18purposes of this subsection (b-20), the determination of
19whether "appropriate and available behavioral and disciplinary
20interventions have been exhausted" shall be made by school
21officials. School officials shall make all reasonable efforts
22to resolve such threats, address such disruptions, and
23minimize the length of student exclusions to the greatest
24extent practicable. Within the suspension decision described
25in subsection (b) of this Section or the expulsion decision
26described in subsection (a) of this Section, it shall be

 

 

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

 

 

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

 

 

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1criminal investigation or proceeding, and an absence of
2pending or possible criminal charges, criminal investigations,
3or proceedings may not be a factor in school disciplinary
4decisions.
5    (b-40) During a suspension review hearing conducted under
6subsection (b) or an expulsion hearing conducted under
7subsection (a) that involves allegations of sexual violence by
8the student who is subject to discipline, neither the student
9nor his or her representative shall directly question nor have
10direct contact with the alleged victim. The student who is
11subject to discipline or his or her representative may, at the
12discretion and direction of the school board or its appointed
13hearing officer, suggest questions to be posed by the school
14board or its appointed hearing officer to the alleged victim.
15    (c) A school board must invite a representative from a
16local mental health agency to consult with the board at the
17meeting whenever there is evidence that mental illness may be
18the cause of a student's expulsion or suspension.
19    (c-5) A school district School districts shall make
20reasonable efforts to provide ongoing professional development
21to all school personnel teachers, administrators, school board
22members, school resource officers, and staff on the adverse
23consequences of school exclusion and justice-system
24involvement and the evidence-based interventions employed by
25the district in accordance with this Section and Section
2610-20.14 , effective classroom management strategies,

 

 

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

 

 

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1    requirement under this subdivision (2) may be modified by
2    the superintendent, and the superintendent's determination
3    may be modified by the board on a case-by-case basis.
4Expulsion or suspension shall be construed in a manner
5consistent with the federal Individuals with Disabilities
6Education Act. A student who is subject to suspension or
7expulsion as provided in this Section may be eligible for a
8transfer to an alternative school program in accordance with
9Article 13A of the School Code.
10    (d-3) Any suspension, expulsion, or change of placement
11due to a violation of the code of student conduct of a student
12with a disability shall comply with the requirements of the
13federal Individuals with Disabilities Education Act and its
14implementing regulations and the federal Section 504 of the
15Rehabilitation Act of 1973 and its implementing regulation.
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

 

 

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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 the individual's his or her duties or employment status or
6status as a student 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

 

 

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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. A school district that
15adopts a policy under this subsection (g) must include a
16provision allowing for consideration of any mitigating
17factors, including, but not limited to, a student's status as
18a parent, expectant parent, or victim of domestic or sexual
19violence, as defined in Article 26A.
20    (h) School officials shall not advise or encourage
21students to drop out voluntarily due to behavioral or academic
22difficulties.
23    (i) A student may not be issued a monetary fine or fee as a
24disciplinary consequence, though this shall not preclude
25requiring a student to provide restitution for lost, stolen,
26or damaged property.

 

 

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1    (j) Subsections (a) through (i) of this Section shall
2apply to elementary and secondary schools, charter schools,
3special charter districts, and school districts organized
4under Article 34 of this Code.
5    (k) The expulsion of students children enrolled in
6programs funded under Section 1C-2 of this Code is subject to
7the requirements under paragraph (7) of subsection (a) of
8Section 2-3.71 of this Code.
9    (l) Beginning with the 2018-2019 school year, an in-school
10suspension program provided by a school district for any
11students in kindergarten through grade 12 may focus on
12promoting non-violent conflict resolution and positive
13interaction with other students and school personnel. A school
14district may employ a school social worker or a licensed
15mental health professional to oversee an in-school suspension
16program in kindergarten through grade 12.
17(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
18102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
19    Section 95. No acceleration or delay. Where this Act makes
20changes in a statute that is represented in this Act by text
21that is not yet or no longer in effect (for example, a Section
22represented by multiple versions), the use of that text does
23not accelerate or delay the taking effect of (i) the changes
24made by this Act or (ii) provisions derived from any other
25Public Act.
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".