99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB5617

 

Introduced , by Rep. Emanuel Chris Welch

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.167 new
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6

    Amends the School Code. Provides that the State Board of Education is, subject to appropriation, authorized to award competitive grants under a Safe Schools and Healthy Learning Environments Program. Provides that under the program, selected school districts must reallocate funding for school-based law enforcement personnel in some or all of their schools to other evidence-based and promising practices designed to promote school safety and healthy learning environments, including, but not limited to, restorative justice programs; increased use of school psychologists, social workers, and other mental and behavioral health specialists; drug and alcohol treatment services; wraparound services for youth; and training for school staff on conflict resolution techniques and other disciplinary alternatives. Provides that the program shall match the amount that is reallocated from school-based law enforcement personnel to alternative methods of addressing student behavior on a dollar-for-dollar basis. Prohibits grant funds from being used to increase the use of school-based security personnel. Provides for an annual report to update progress on the Program. Prohibits arrest or being otherwise cited for a criminal offense committed during school hours while on school grounds, in school vehicles, or at school activities or sanctioned events except in certain circumstances. Effective August 1, 2016.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5617LRB099 18638 MLM 43020 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-22.6 and by adding Section 2-3.167 as follows:
 
6    (105 ILCS 5/2-3.167 new)
7    Sec. 2-3.167. Safe Schools and Healthy Learning
8Environments Program.
9    (a) The General Assembly recognizes that (i) many K-12
10students around the State are arrested in school and sent into
11the justice system, often for minor offenses that do not pose a
12serious threat to school safety; (ii) many schools across the
13State have become overly reliant on law enforcement personnel
14to handle routine school disciplinary matters; (iii) many
15student behaviors that result in arrest in some schools are
16addressed without involving the justice system in others; (iv)
17the over-criminalization of K-12 students has had significant
18negative consequences for students, families, and entire
19communities; (v) these dynamics, known as the
20"school-to-prison pipeline", have disproportionately affected
21students of color; (vi) these practices impose substantial
22economic costs on both localities and the State overall; (vii)
23the use of school-based law enforcement has not been proven

 

 

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1effective as a strategy to promote safe and productive schools;
2and (viii) eliminating unnecessary school-based arrests and
3law enforcement presence in school while promoting the use of
4developmentally appropriate alternatives will protect school
5safety, improve school climate, raise academic achievement,
6and save taxpayer dollars.
7    (b) The State Board of Education, subject to appropriation,
8is authorized to award competitive grants under a Safe Schools
9and Healthy Learning Environments Program. Under this program,
10selected school districts must reallocate funding for
11school-based law enforcement personnel in some or all of their
12schools to other evidence-based and promising practices
13designed to promote school safety and healthy learning
14environments, including, but not limited to, restorative
15justice programs; increased use of school psychologists,
16social workers, and other mental and behavioral health
17specialists; drug and alcohol treatment services; wraparound
18services for youth; and training for school staff on conflict
19resolution techniques and other disciplinary alternatives. For
20grant recipients, the Safe Schools and Healthy Learning
21Environments Program shall match the amount that is reallocated
22from school-based law enforcement personnel to alternative
23methods of addressing student behavior on a dollar-for-dollar
24basis.
25    Grant funds shall not be used to increase the use of
26school-based security personnel. Grant funds may be used to

 

 

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1transition from school-based law enforcement personnel to
2alternative patrol structures. Nothing in this Section shall
3prohibit school districts from involving law enforcement
4personnel when necessary and allowed by law.
5    (c) The State Board of Education shall annually disseminate
6a request for applications to this program and funds shall be
7distributed annually. The criteria to be considered by the
8State Board of Education in awarding funds shall be (i) the
9demonstrated need for the funds, as indicated by past use of
10school-based arrests, and (ii) the degree to which the proposal
11fulfills the goals of this Section.
12    (d) The State Superintendent of Education, in cooperation
13with the school districts participating in the program, shall
14submit an annual report to the General Assembly on the results
15of the program, including the progress being made in reducing
16both unnecessary school-based arrests and the over-reliance on
17school-based law enforcement to address school disciplinary
18matters, and the effects of the program on school safety and
19school climate.
20    (e) The State Board of Education shall adopt rules
21necessary for the implementation of this program.
 
22    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
23    (Text of Section before amendment by P.A. 99-456)
24    Sec. 10-22.6. Suspension or expulsion of pupils; school
25searches.

 

 

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

 

 

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1suspension. The board may by policy authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend pupils
4guilty of such acts for a period not to exceed 10 school days.
5If a pupil is suspended due to gross disobedience or misconduct
6on a school bus, the board may suspend the pupil in excess of
710 school days for safety reasons. Any suspension shall be
8reported immediately to the parents or guardian of such pupil
9along with a full statement of the reasons for such suspension
10and a notice of their right to a review. The school board must
11be given a summary of the notice, including the reason for the
12suspension and the suspension length. Upon request of the
13parents or guardian the school board or a hearing officer
14appointed by it shall review such action of the superintendent
15or principal, assistant principal, or dean of students. At such
16review the parents or guardian of the pupil may appear and
17discuss the suspension with the board or its hearing officer.
18If a hearing officer is appointed by the board he shall report
19to the board a written summary of the evidence heard at the
20meeting. After its hearing or upon receipt of the written
21report of its hearing officer, the board may take such action
22as it finds appropriate. A pupil who is suspended in excess of
2320 school days may be immediately transferred to an alternative
24program in the manner provided in Article 13A or 13B of this
25Code. A pupil must not be denied transfer because of the
26suspension, except in cases in which such transfer is deemed to

 

 

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1cause a threat to the safety of students or staff in the
2alternative program.
3    (c) The Department of Human Services shall be invited to
4send a representative to consult with the board at such meeting
5whenever there is evidence that mental illness may be the cause
6for expulsion or suspension.
7    (d) The board may expel a student for a definite period of
8time not to exceed 2 calendar years, as determined on a case by
9case basis. A student who is determined to have brought one of
10the following objects to school, any school-sponsored activity
11or event, or any activity or event that bears a reasonable
12relationship to school shall be expelled for a period of not
13less 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

 

 

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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. The provisions of this
11subsection (d) apply in all school districts, including special
12charter districts and districts organized under Article 34.
13    (d-5) The board may suspend or by regulation authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend a
16student for a period not to exceed 10 school days or may expel
17a student for a definite period of time not to exceed 2
18calendar years, as determined on a case by case basis, if (i)
19that student has been determined to have made an explicit
20threat on an Internet website against a school employee, a
21student, or any school-related personnel, (ii) the Internet
22website through which the threat was made is a site that was
23accessible within the school at the time the threat was made or
24was available to third parties who worked or studied within the
25school grounds at the time the threat was made, and (iii) the
26threat could be reasonably interpreted as threatening to the

 

 

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1safety and security of the threatened individual because of his
2or her duties or employment status or status as a student
3inside the school. The provisions of this subsection (d-5)
4apply in all school districts, including special charter
5districts and districts organized under Article 34 of this
6Code.
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. The
3provisions of this subsection (e) apply in all school
4districts, including special charter districts and districts
5organized under Article 34.
6    (f) Suspension or expulsion may include suspension or
7expulsion from school and all school activities and a
8prohibition from being present on school grounds.
9    (g) A school district may adopt a policy providing that if
10a student is suspended or expelled for any reason from any
11public or private school in this or any other state, the
12student must complete the entire term of the suspension or
13expulsion in an alternative school program under Article 13A of
14this Code or an alternative learning opportunities program
15under Article 13B of this Code before being admitted into the
16school district if there is no threat to the safety of students
17or staff in the alternative program. This subsection (g)
18applies to all school districts, including special charter
19districts and districts organized under Article 34 of this
20Code.
21    (i-5) A student may not be arrested or otherwise cited for
22a criminal offense committed during school hours while on
23school grounds, in school vehicles, or at school activities or
24sanctioned events unless:
25        (1) the offense would constitute a felony, if committed
26    outside of the school setting, in one of the classes

 

 

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1    defined in the Criminal Code of 2012;
2        (2) the offense involved an act of physical violence
3    against another person or resulted in a serious bodily
4    injury to that person, and the arrest of the student is
5    necessary to avoid an ongoing threat to the physical safety
6    of other members of the school community;
7        (3) the offense involved the use of a firearm; or
8        (4) the offense involved an act of criminal sexual
9    abuse.
10    While the option to use justice-system interventions is
11available under these conditions, they shall only be used as a
12last resort, when there are no other options for safely and
13appropriately handling the situation.
14    School employees and officials retain their authority and
15discretion under law to address offenses not specified within
16items (1) through (4) of this subsection (i-5) through the
17school disciplinary process. Nothing in this subsection (i-5)
18shall limit the rights and duties of teachers, school
19administrators, other school district employees, and law
20enforcement officers from reporting and responding to criminal
21conduct by any individual who is not a student under the school
22district's jurisdiction.
23    This subsection (i-5) shall apply to each elementary and
24secondary school, charter school, special charter district,
25and district organized under Article 34 of this Code.
26(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;

 

 

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197-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
297-1150, eff. 1-25-13.)
 
3    (Text of Section after amendment by P.A. 99-456)
4    Sec. 10-22.6. Suspension or expulsion of pupils; school
5searches.
6    (a) To expel pupils guilty of gross disobedience or
7misconduct, including gross disobedience or misconduct
8perpetuated by electronic means, pursuant to subsection (b-20)
9of this Section, and no action shall lie against them for such
10expulsion. Expulsion shall take place only after the parents
11have been requested to appear at a meeting of the board, or
12with a hearing officer appointed by it, to discuss their
13child's behavior. Such request shall be made by registered or
14certified mail and shall state the time, place and purpose of
15the meeting. The board, or a hearing officer appointed by it,
16at such meeting shall state the reasons for dismissal and the
17date on which the expulsion is to become effective. If a
18hearing officer is appointed by the board he shall report to
19the board a written summary of the evidence heard at the
20meeting and the board may take such action thereon as it finds
21appropriate. If the board acts to expel a pupil, the written
22expulsion decision shall detail the specific reasons why
23removing the pupil from the learning environment is in the best
24interest of the school. The expulsion decision shall also
25include a rationale as to the specific duration of the

 

 

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1expulsion. An expelled pupil may be immediately transferred to
2an alternative program in the manner provided in Article 13A or
313B of this Code. A pupil must not be denied transfer because
4of the expulsion, except in cases in which such transfer is
5deemed to cause a threat to the safety of students or staff in
6the alternative program.
7    (b) To suspend or by policy to authorize the superintendent
8of the district or the principal, assistant principal, or dean
9of students of any school to suspend pupils guilty of gross
10disobedience or misconduct, or to suspend pupils guilty of
11gross disobedience or misconduct on the school bus from riding
12the school bus, pursuant to subsections (b-15) and (b-20) of
13this Section, and no action shall lie against them for such
14suspension. The board may by policy authorize the
15superintendent of the district or the principal, assistant
16principal, or dean of students of any school to suspend pupils
17guilty of such acts for a period not to exceed 10 school days.
18If a pupil is suspended due to gross disobedience or misconduct
19on a school bus, the board may suspend the pupil in excess of
2010 school days for safety reasons.
21     Any suspension shall be reported immediately to the
22parents or guardian of a pupil along with a full statement of
23the reasons for such suspension and a notice of their right to
24a review. The school board must be given a summary of the
25notice, including the reason for the suspension and the
26suspension length. Upon request of the parents or guardian the

 

 

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

 

 

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

 

 

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

 

 

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1such 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
12parent or guardian to notify school officials that a pupil
13suspended from the school bus does not have alternate
14transportation to school.
15    (c) The Department of Human Services shall be invited to
16send a representative to consult with the board at such meeting
17whenever there is evidence that mental illness may be the cause
18for expulsion or suspension.
19    (c-5) School districts shall make reasonable efforts to
20provide ongoing professional development to teachers,
21administrators, school board members, school resource
22officers, and staff on the adverse consequences of school
23exclusion and justice-system involvement, effective classroom
24management strategies, culturally responsive discipline, and
25developmentally appropriate disciplinary methods that promote
26positive and healthy school climates.

 

 

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

 

 

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1Education Act. A student who is subject to suspension or
2expulsion as provided in this Section may be eligible for a
3transfer to an alternative school program in accordance with
4Article 13A of the School Code.
5    (d-5) The board may suspend or by regulation authorize the
6superintendent of the district or the principal, assistant
7principal, or dean of students of any school to suspend a
8student for a period not to exceed 10 school days or may expel
9a student for a definite period of time not to exceed 2
10calendar years, as determined on a case by case basis, if (i)
11that student has been determined to have made an explicit
12threat on an Internet website against a school employee, a
13student, or any school-related personnel, (ii) the Internet
14website through which the threat was made is a site that was
15accessible within the school at the time the threat was made or
16was available to third parties who worked or studied within the
17school grounds at the time the threat was made, and (iii) the
18threat could be reasonably interpreted as threatening to the
19safety and security of the threatened individual because of his
20or her duties or employment status or status as a student
21inside the school.
22    (e) To maintain order and security in the schools, school
23authorities may inspect and search places and areas such as
24lockers, desks, parking lots, and other school property and
25equipment owned or controlled by the school, as well as
26personal effects left in those places and areas by students,

 

 

HB5617- 19 -LRB099 18638 MLM 43020 b

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

 

 

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1under Article 13B of this Code before being admitted into the
2school district if there is no threat to the safety of students
3or staff in the alternative program.
4    (h) School officials shall not advise or encourage students
5to drop out voluntarily due to behavioral or academic
6difficulties.
7    (i) A student may not be issued a monetary fine or fee as a
8disciplinary consequence, though this shall not preclude
9requiring a student to provide restitution for lost, stolen, or
10damaged property.
11    (i-5) A student may not be arrested or otherwise cited for
12a criminal offense committed during school hours while on
13school grounds, in school vehicles, or at school activities or
14sanctioned events unless:
15        (1) the offense would constitute a felony, if committed
16    outside of the school setting, in one of the classes
17    defined in the Criminal Code of 2012;
18        (2) the offense involved an act of physical violence
19    against another person or resulted in a serious bodily
20    injury to that person, and the arrest of the student is
21    necessary to avoid an ongoing threat to the physical safety
22    of other members of the school community;
23        (3) the offense involved the use of a firearm; or
24        (4) the offense involved an act of criminal sexual
25    abuse.
26    While the option to use justice-system interventions is

 

 

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1available under these conditions, they shall only be used as a
2last resort, when there are no other options for safely and
3appropriately handling the situation.
4    School employees and officials retain their authority and
5discretion under law to address offenses not specified within
6items (1) through (4) of this subsection (i-5) through the
7school disciplinary process. Nothing in this subsection (i-5)
8shall limit the rights and duties of teachers, school
9administrators, other school district employees, and law
10enforcement officers from reporting and responding to criminal
11conduct by any individual who is not a student under the school
12district's jurisdiction.
13    (j) Subsections (a) through (i-5) (i) of this Section shall
14apply to elementary and secondary schools, charter schools,
15special charter districts, and school districts organized
16under Article 34 of this Code.
17(Source: P.A. 99-456, eff. 9-15-16.)
 
18    Section 95. No acceleration or delay. Where this Act makes
19changes in a statute that is represented in this Act by text
20that is not yet or no longer in effect (for example, a Section
21represented by multiple versions), the use of that text does
22not accelerate or delay the taking effect of (i) the changes
23made by this Act or (ii) provisions derived from any other
24Public Act.
 
25    Section 99. Effective date. This Act takes effect August 1,

 

 

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12016.