Illinois General Assembly - Full Text of HB5096
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Full Text of HB5096  102nd General Assembly

HB5096 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5096

 

Introduced 1/27/2022, by Rep. Michelle Mussman

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/14-8.02i new

    Amends the School Code. Provides that the removal of a student with a disability for disciplinary reasons, violations of the student code of conduct, or other inappropriate behavior shall conform with the applicable provisions of the federal Individuals with Disabilities Education Act and certain administrative rules. Provides that an in-school suspension is not considered a removal. Provides that removal of a student for any part of a school day constitutes a day of removal. Provides that a directive by school administration to a parent or guardian not to send the student to school on a school day that results in the student not attending school for any part of that school day constitutes a day of removal. Provides that, for each removal, the parent or guardian of the student must be provided with a written notice that includes the action taken, the duration of the action, and the reasons for the action. Provides that the written notice to the parent or guardian and any written or recorded information concerning a removal of the student shall be made part of the student's school records. Effective immediately.


LRB102 23989 RJT 33195 b

 

 

A BILL FOR

 

HB5096LRB102 23989 RJT 33195 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 adding Section
514-8.02i as follows:
 
6    (105 ILCS 5/14-8.02i new)
7    Sec. 14-8.02i. Disciplinary action and removal of student.
8    (a) The removal of a student with a disability for
9disciplinary reasons, violations of the student code of
10conduct, or other inappropriate behavior shall conform with
11the applicable provisions of the federal Individuals with
12Disabilities Education Act, the requirements of 34 C.F.R.
13Section 300.536, and the provisions of this Section.
14    (b) An in-school suspension is not considered a removal.
15    (c) Removal of a student for any part of a school day
16constitutes a day of removal.
17    (d) A directive by school administration to a parent or
18guardian not to send the student to school on a school day that
19results in the student not attending school for any part of
20that school day constitutes a day of removal.
21    (e) For each removal, the parent or guardian of the
22student must be provided with a written notice that includes
23the action taken, the duration of the action, and the reasons

 

 

HB5096- 2 -LRB102 23989 RJT 33195 b

1for the action.
2    (f) The written notice to the parent or guardian and any
3written or recorded information concerning a removal of the
4student shall be made part of the student's school records.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.