103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB2239

 

Introduced 2/10/2023, by Sen. Adriane Johnson

 

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

    Amends the School Boards Article of the School Code. In provisions regarding suspension or expulsion of pupils, provides that, when expelling a student, the board shall notify the parents of the nature of the hearing and the option of retaining legal counsel. Provides that, when the suspension period is over, the pupil may return to school. Provides that for a pupil suspended due to gross disobedience or misconduct on a school bus, a written decision about whether the student can use a school bus shall be made within 15 days of the incident. Provides that a school shall offer written demonstration of remediation efforts excluding out of school suspensions. Provides that schools shall use data to track whether significant disproportionality based on race and ethnicity is occurring both in the State and in the district with respect to the incidence, duration, and type of disciplinary removals from placement, including suspensions and expulsions. Provides that, if it is determined that significant disproportionality is occurring, the school shall provide that determination for annual review and, if appropriate, revision of the policies, practices, and procedures used in disciplinary removals to ensure that the policies, practices, and procedures comply with the district's equity requirements. Provides that notice of suspension shall also include other evidence-based alternatives to suspension. provides that when a student is suspended for more than 4 days, that options for automatically placing the student in an e-learning program or distance learning program through written materials if (1) the removal is for more than 5 consecutive school days; or (2) the child has been subjected to a series of removals that constitute a pattern, because the series of removals total more than 10 school days in a school year, because the child's behavior is substantially similar to the child's behavior in previous incidents that resulted in the series of removals, and the effects of additional factors such as the length of each removal, the total amount of time the child has been removed, and the proximity of the removals to one another shall be included.


LRB103 28534 RJT 54915 b

 

 

A BILL FOR

 

SB2239LRB103 28534 RJT 54915 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 as follows:
 
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    (Text of Section before amendment by P.A. 102-466)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15have been requested to appear at a meeting of the board, or
16with a hearing officer appointed by it, to discuss their
17child's behavior and been notified of the nature of the
18hearing and the option of retaining legal counsel. Such
19request shall be made by registered or certified mail and
20shall state the time, place and purpose of the meeting. The
21board, or a hearing officer appointed by it, at such meeting
22shall state the reasons for dismissal and the date on which the
23expulsion is to become effective. If a hearing officer is

 

 

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1appointed by the board, he shall report to the board a written
2summary of the evidence heard at the meeting and the board may
3take such action thereon as it finds appropriate. If the board
4acts to expel a pupil, the written expulsion decision shall
5detail the specific reasons why removing the pupil from the
6learning environment is in the best interest of the school.
7The expulsion decision shall also include a rationale as to
8the specific duration of the expulsion. An expelled pupil may
9be immediately transferred to an alternative program in the
10manner provided in Article 13A or 13B of this Code. A pupil
11must not be denied transfer because of the expulsion, except
12in cases in which such transfer is deemed to cause a threat to
13the safety of students or 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. The day after the suspension period is over,
26the pupil may return to school. If a pupil is suspended due to

 

 

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1gross disobedience or misconduct on a school bus, the board
2may suspend the pupil in excess of 10 school days for safety
3reasons. For a pupil suspended due to gross disobedience or
4misconduct on a school bus, a written decision about whether
5the student is permitted to use a school bus shall be made
6within 15 days of the incident that led to the student being
7suspended.
8    Any suspension shall be reported immediately to the
9parents or guardian of a pupil along with a full statement of
10the reasons for such suspension and a notice of their right to
11a review. Schools shall offer written demonstration of
12remediation efforts excluding out of school suspensions,
13including, but not limited to, attempts at peer meditation,
14in-school suspension, a shorter period of a 3 to 5 day
15suspension, and any previous parent or legal guardian
16communications. Schools shall also use data to track whether
17significant disproportionality based on race and ethnicity is
18occurring both in the State and the district with respect to
19the incidence, duration, and type of disciplinary removals
20from placement, including suspensions and expulsions. If it is
21determined that significant disproportionality is occurring,
22the school shall provide that determination for annual review
23and, if appropriate, revision of the policies, practices, and
24procedures used in disciplinary removals to ensure that the
25policies, practices, and procedures comply with the district's
26equity requirements. The school board must be given a summary

 

 

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

 

 

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

 

 

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

 

 

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1support services" shall be determined by school authorities,
2but shall include an option for automatically placing the
3student in an e-learning program or distance learning program
4through written materials if (1) the removal is for more than 5
5consecutive school days; or (2) the child has been subjected
6to a series of removals that constitute a pattern, because the
7series of removals total more than 10 school days in a school
8year, because the child's behavior is substantially similar to
9the child's behavior in previous incidents that resulted in
10the series of removals, and the effects of additional factors
11such as the length of each removal, the total amount of time
12the child has been removed, and the proximity of the removals
13to one another. Within the suspension decision described in
14subsection (b) of this Section, it shall be documented whether
15such services are to be provided or whether it was determined
16that there are no such appropriate and available services.
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 pupils, including those pupils suspended from the
24school bus who do not have alternate transportation to school,
25shall have the opportunity to make up work for equivalent
26academic credit. It shall be the responsibility of a pupil's

 

 

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

 

 

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

 

 

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1calendar years, as determined on a case-by-case basis, if (i)
2that student has been determined to have made an explicit
3threat on an Internet website against a school employee, a
4student, or any school-related personnel, (ii) the Internet
5website through which the threat was made is a site that was
6accessible within the school at the time the threat was made or
7was available to third parties who worked or studied within
8the school grounds at the time the threat was made, and (iii)
9the threat could be reasonably interpreted as threatening to
10the safety and security of the threatened individual because
11of his or her duties or employment status or status as a
12student inside the school.
13    (e) To maintain order and security in the schools, school
14authorities may inspect and search places and areas such as
15lockers, desks, parking lots, and other school property and
16equipment owned or controlled by the school, as well as
17personal effects left in those places and areas by students,
18without notice to or the consent of the student, and without a
19search warrant. As a matter of public policy, the General
20Assembly finds that students have no reasonable expectation of
21privacy in these places and areas or in their personal effects
22left in these places and areas. School authorities may request
23the assistance of law enforcement officials for the purpose of
24conducting inspections and searches of lockers, desks, parking
25lots, and other school property and equipment owned or
26controlled by the school for illegal drugs, weapons, or other

 

 

SB2239- 11 -LRB103 28534 RJT 54915 b

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

 

 

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1or damaged property.
2    (j) Subsections (a) through (i) of this Section shall
3apply to elementary and secondary schools, charter schools,
4special charter districts, and school districts organized
5under Article 34 of this Code.
6    (k) The expulsion of children enrolled in programs funded
7under Section 1C-2 of this Code is subject to the requirements
8under paragraph (7) of subsection (a) of Section 2-3.71 of
9this Code.
10    (l) Beginning with the 2018-2019 school year, an in-school
11suspension program provided by a school district for any
12students in kindergarten through grade 12 may focus on
13promoting non-violent conflict resolution and positive
14interaction with other students and school personnel. A school
15district may employ a school social worker or a licensed
16mental health professional to oversee an in-school suspension
17program in kindergarten through grade 12.
18(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
19102-813, eff. 5-13-22.)
 
20    (Text of Section after amendment by P.A. 102-466)
21    Sec. 10-22.6. Suspension or expulsion of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, pursuant to subsection (b-20)

 

 

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

 

 

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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. The day after the suspension period is over,
11the pupil may return to school. If a pupil is suspended due to
12gross disobedience or misconduct on a school bus, the board
13may suspend the pupil in excess of 10 school days for safety
14reasons. For a pupil suspended due to gross disobedience or
15misconduct on a school bus, a written decision about whether
16the student is permitted to use a school bus shall be made
17within 15 days of the incident that led to the student being
18suspended.
19    Any suspension shall be reported immediately to the
20parents or guardians of a pupil along with a full statement of
21the reasons for such suspension and a notice of their right to
22a review. Schools shall offer written demonstration of
23remediation efforts excluding out of school suspensions,
24including, but not limited to, attempts at peer meditation,
25in-school suspension, a shorter period of a 3 to 5 day
26suspension, and any previous parent or legal guardian

 

 

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1communications. Schools shall also use data to track whether
2significant disproportionality based on race and ethnicity is
3occurring both in the State and the district with respect to
4the incidence, duration, and type of disciplinary removals
5from placement, including suspensions and expulsions. If it is
6determined that significant disproportionality is occurring,
7the school shall provide that determination for annual review
8and, if appropriate, revision of the policies, practices, and
9procedures used in disciplinary removals to ensure that the
10policies, practices, and procedures comply with the district's
11equity requirements. The school board must be given a summary
12of the notice, including the reason for the suspension, and
13the suspension length, and other evidence-based alternatives
14to suspension. Upon request of the parents or guardians, the
15school board or a hearing officer appointed by it shall review
16such action of the superintendent or principal, assistant
17principal, or dean of students. At such review, the parents or
18guardians of the pupil may appear and discuss the suspension
19with the board or its hearing officer. If a hearing officer is
20appointed by the board, he shall report to the board a written
21summary of the evidence heard at the meeting. After its
22hearing or upon receipt of the written report of its hearing
23officer, the board may take such action as it finds
24appropriate. If a student is suspended pursuant to this
25subsection (b), the board shall, in the written suspension
26decision, detail the specific act of gross disobedience or

 

 

SB2239- 16 -LRB103 28534 RJT 54915 b

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

 

 

SB2239- 17 -LRB103 28534 RJT 54915 b

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

 

 

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1address such disruptions, and minimize the length of student
2exclusions to the greatest extent practicable. Within the
3suspension decision described in subsection (b) of this
4Section or the expulsion decision described in subsection (a)
5of this Section, it shall be documented whether other
6interventions were attempted or whether it was determined that
7there were no other appropriate and available interventions.
8    (b-25) Students who are suspended out-of-school for longer
9than 4 school days shall be provided appropriate and available
10support services during the period of their suspension. For
11purposes of this subsection (b-25), "appropriate and available
12support services" shall be determined by school authorities,
13but shall include an option for automatically placing the
14student in an e-learning program or distance learning program
15through written materials if (1) the removal is for more than 5
16consecutive school days; or (2) the child has been subjected
17to a series of removals that constitute a pattern, because the
18series of removals total more than 10 school days in a school
19year, because the child's behavior is substantially similar to
20the child's behavior in previous incidents that resulted in
21the series of removals, and the effects of additional factors
22such as the length of each removal, the total amount of time
23the child has been removed, and the proximity of the removals
24to one another. Within the suspension decision described in
25subsection (b) of this Section, it shall be documented whether
26such services are to be provided or whether it was determined

 

 

SB2239- 19 -LRB103 28534 RJT 54915 b

1that there are no such appropriate and available services.
2    A school district may refer students who are expelled to
3appropriate and available support services.
4    A school district shall create a policy to facilitate the
5re-engagement of students who are suspended out-of-school,
6expelled, or returning from an alternative school setting.
7    (b-30) A school district shall create a policy by which
8suspended pupils, including those pupils suspended from the
9school bus who do not have alternate transportation to school,
10shall have the opportunity to make up work for equivalent
11academic credit. It shall be the responsibility of a pupil's
12parents or guardians to notify school officials that a pupil
13suspended from the school bus does not have alternate
14transportation to school.
15    (b-35) In all suspension review hearings conducted under
16subsection (b) or expulsion hearings conducted under
17subsection (a), a student may disclose any factor to be
18considered in mitigation, including his or her status as a
19parent, expectant parent, or victim of domestic or sexual
20violence, as defined in Article 26A. A representative of the
21parent's or guardian's choice, or of the student's choice if
22emancipated, must be permitted to represent the student
23throughout the proceedings and to address the school board or
24its appointed hearing officer. With the approval of the
25student's parent or guardian, or of the student if
26emancipated, a support person must be permitted to accompany

 

 

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1the student to any disciplinary hearings or proceedings. The
2representative or support person must comply with any rules of
3the school district's hearing process. If the representative
4or support person violates the rules or engages in behavior or
5advocacy that harasses, abuses, or intimidates either party, a
6witness, or anyone else in attendance at the hearing, the
7representative or support person may be prohibited from
8further participation in the hearing or proceeding. A
9suspension or expulsion proceeding under this subsection
10(b-35) must be conducted independently from any ongoing
11criminal investigation or proceeding, and an absence of
12pending or possible criminal charges, criminal investigations,
13or proceedings may not be a factor in school disciplinary
14decisions.
15    (b-40) During a suspension review hearing conducted under
16subsection (b) or an expulsion hearing conducted under
17subsection (a) that involves allegations of sexual violence by
18the student who is subject to discipline, neither the student
19nor his or her representative shall directly question nor have
20direct contact with the alleged victim. The student who is
21subject to discipline or his or her representative may, at the
22discretion and direction of the school board or its appointed
23hearing officer, suggest questions to be posed by the school
24board or its appointed hearing officer to the alleged victim.
25    (c) A school board must invite a representative from a
26local mental health agency to consult with the board at the

 

 

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

 

 

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

 

 

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

 

 

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1such evidence may be seized by school authorities, and
2disciplinary action may be taken. School authorities may also
3turn over such evidence to law enforcement authorities.
4    (f) Suspension or expulsion may include suspension or
5expulsion from school and all school activities and a
6prohibition from being present on school grounds.
7    (g) A school district may adopt a policy providing that if
8a student is suspended or expelled for any reason from any
9public or private school in this or any other state, the
10student must complete the entire term of the suspension or
11expulsion in an alternative school program under Article 13A
12of this Code or an alternative learning opportunities program
13under Article 13B of this Code before being admitted into the
14school district if there is no threat to the safety of students
15or staff in the alternative program. A school district that
16adopts a policy under this subsection (g) must include a
17provision allowing for consideration of any mitigating
18factors, including, but not limited to, a student's status as
19a parent, expectant parent, or victim of domestic or sexual
20violence, as defined in Article 26A.
21    (h) School officials shall not advise or encourage
22students to drop out voluntarily due to behavioral or academic
23difficulties.
24    (i) A student may not be issued a monetary fine or fee as a
25disciplinary consequence, though this shall not preclude
26requiring a student to provide restitution for lost, stolen,

 

 

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1or damaged property.
2    (j) Subsections (a) through (i) of this Section shall
3apply to elementary and secondary schools, charter schools,
4special charter districts, and school districts organized
5under Article 34 of this Code.
6    (k) The expulsion of children enrolled in programs funded
7under Section 1C-2 of this Code is subject to the requirements
8under paragraph (7) of subsection (a) of Section 2-3.71 of
9this Code.
10    (l) Beginning with the 2018-2019 school year, an in-school
11suspension program provided by a school district for any
12students in kindergarten through grade 12 may focus on
13promoting non-violent conflict resolution and positive
14interaction with other students and school personnel. A school
15district may employ a school social worker or a licensed
16mental health professional to oversee an in-school suspension
17program in kindergarten through grade 12.
18(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
19102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
20    Section 95. No acceleration or delay. Where this Act makes
21changes in a statute that is represented in this Act by text
22that is not yet or no longer in effect (for example, a Section
23represented by multiple versions), the use of that text does
24not accelerate or delay the taking effect of (i) the changes
25made by this Act or (ii) provisions derived from any other

 

 

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1Public Act.