Illinois General Assembly - Full Text of SB1557
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Full Text of SB1557  100th General Assembly




State of Illinois
2017 and 2018


Introduced 2/9/2017, by Sen. Kimberly A. Lightford


105 ILCS 5/2-3.71  from Ch. 122, par. 2-3.71
105 ILCS 5/2-3.71a  from Ch. 122, par. 2-3.71a
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
225 ILCS 10/5.10 new

    Amends the School Code. Provides that early childhood programs receiving State Board of Education grants for preschool educational programs shall prohibit the expulsion of children. Provides instead that when persistent and serious challenging behaviors emerge, the early childhood program shall document steps taken to ensure that the child can participate safely in the program and utilize a range of community resources. Sets forth provisions concerning the creation of a transition plan if there is documented evidence that all available interventions and supports recommended by a qualified professional have been exhausted; temporary removal of a child; the utilization of training, technical support, and professional development resources; and annually reporting to the State Board. Makes related changes. Amends the Child Care Act of 1969 to require the Department of Children and Family Services, in consultation with the Governor's Office of Early Childhood Development and the State Board of Education, to adopt rules prohibiting the use of expulsion due to a child's persistent and serious challenging behaviors in licensed day care centers, day care homes, and group day care homes.

LRB100 10115 NHT 20289 b






SB1557LRB100 10115 NHT 20289 b

1    AN ACT concerning children.
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4    Section 1. Findings and purposes.
5    (a) The General Assembly finds all of the following:
6        (1) Research suggests that school expulsion and
7    suspension practices are associated with negative
8    educational, health, and developmental outcomes for
9    children.
10        (2) Recent studies have shown that the expulsion of
11    children in early care and educational settings is
12    occurring at alarmingly high rates, particularly among
13    certain racial and gender groups. A nationwide study on
14    preschool expulsion found that preschoolers were expelled
15    at more than 3 times the rate of kindergarten through
16    twelfth grade students.
17        (3) Recent data from the U.S. Department of Education
18    indicate that there are significant disparities within
19    this trend. African American boys make up 19% of preschool
20    enrollment but 45% of preschoolers suspended more than
21    once. Other research shows that while Hispanic and African
22    American boys combined represent 46% of all boys in
23    preschool, these children represent 55% of preschool boys
24    suspended. Boys make up 79% of preschoolers suspended once



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1    and 82% of preschoolers suspended multiple times. African
2    American girls also represent 54% of female children
3    receiving one or more out-of-school suspensions, but only
4    20% of female preschool enrollment overall.
5        (4) A study completed in 2005 analyzing expulsion rates
6    among states indicated that while this State reported the
7    sixth-lowest expulsion rate of the 40 states surveyed,
8    pre-kindergartners were expelled at a rate 3 times that of
9    their older peers. A study conducted in 2002 in Chicago
10    showed a high rate of expulsion, particularly in
11    infant-toddler programs, with over 40% of child care
12    programs asking a child to leave because of
13    social-emotional and behavioral problems, with the most
14    challenging behaviors being biting, hitting, and
15    aggressive behavior.
16        (5) This State has recently improved expulsion and
17    suspension practices in grades kindergarten through 12 via
18    Public Act 99-456, and the federal government has imposed
19    new expulsion and suspension policy requirements on some
20    federally funded early childhood programs. These
21    protections are important, but inconsistent and
22    incomplete, as they do not cover all children in Illinois
23    early learning programs.
24        (6) Access to infant and early childhood mental health
25    consultants and positive behavior intervention and support
26    have been shown to reduce or prevent expulsion and



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1    suspension in early care and education programs. Early
2    childhood professionals also need training, technical
3    assistance, and professional development support to ensure
4    they are able to respond to the social-emotional needs of
5    young children and to ensure successful student
6    participation in programs.
7        (7) Nationally and in this State, insufficient data
8    collection hinders the ability to gauge the prevalence of
9    expulsion or suspension of children from a range of early
10    learning programs prior to formal school entry.
11    (b) The purposes of this Act are to:
12        (1) ensure that the goals of any disciplinary action by
13    State-funded or State-licensed early childhood programs
14    shall always include the well-being of all children,
15    including those experiencing difficulties as well as
16    others in the classroom, and prohibit the behavior-related
17    removal of young children from early care and education
18    settings without prior documentation, intervention, and
19    planned transitions;
20        (2) ensure that early childhood professionals have the
21    resources needed to support children's social and
22    emotional health and to address challenging behaviors; and
23        (3) develop systems to track expulsion and suspension.
24    Section 5. The School Code is amended by changing Sections
252-3.71, 2-3.71a, and 10-22.6 as follows:



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1    (105 ILCS 5/2-3.71)  (from Ch. 122, par. 2-3.71)
2    Sec. 2-3.71. Grants for preschool educational programs.
3    (a) Preschool program.
4        (1) The State Board of Education shall implement and
5    administer a grant program under the provisions of this
6    subsection which shall consist of grants to public school
7    districts and other eligible entities, as defined by the
8    State Board of Education, to conduct voluntary preschool
9    educational programs for children ages 3 to 5 which include
10    a parent education component. A public school district
11    which receives grants under this subsection may
12    subcontract with other entities that are eligible to
13    conduct a preschool educational program. These grants must
14    be used to supplement, not supplant, funds received from
15    any other source.
16        (2) (Blank).
17        (3) Any teacher of preschool children in the program
18    authorized by this subsection shall hold an early childhood
19    teaching certificate.
20        (4) (Blank).
21        (4.5) The State Board of Education shall provide the
22    primary source of funding through appropriations for the
23    program. Such funds shall be distributed to achieve a goal
24    of "Preschool for All Children" for the benefit of all
25    children whose families choose to participate in the



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1    program. Based on available appropriations, newly funded
2    programs shall be selected through a process giving first
3    priority to qualified programs serving primarily at-risk
4    children and second priority to qualified programs serving
5    primarily children with a family income of less than 4
6    times the poverty guidelines updated periodically in the
7    Federal Register by the U.S. Department of Health and Human
8    Services under the authority of 42 U.S.C. 9902(2). For
9    purposes of this paragraph (4.5), at-risk children are
10    those who because of their home and community environment
11    are subject to such language, cultural, economic and like
12    disadvantages to cause them to have been determined as a
13    result of screening procedures to be at risk of academic
14    failure. Such screening procedures shall be based on
15    criteria established by the State Board of Education.
16        Except as otherwise provided in this paragraph (4.5),
17    grantees under the program must enter into a memorandum of
18    understanding with the appropriate local Head Start
19    agency. This memorandum must be entered into no later than
20    3 months after the award of a grantee's grant under the
21    program, except that, in the case of the 2009-2010 program
22    year, the memorandum must be entered into no later than the
23    deadline set by the State Board of Education for
24    applications to participate in the program in fiscal year
25    2011, and must address collaboration between the grantee's
26    program and the local Head Start agency on certain issues,



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1    which shall include without limitation the following:
2            (A) educational activities, curricular objectives,
3        and instruction;
4            (B) public information dissemination and access to
5        programs for families contacting programs;
6            (C) service areas;
7            (D) selection priorities for eligible children to
8        be served by programs;
9            (E) maximizing the impact of federal and State
10        funding to benefit young children;
11            (F) staff training, including opportunities for
12        joint staff training;
13            (G) technical assistance;
14            (H) communication and parent outreach for smooth
15        transitions to kindergarten;
16            (I) provision and use of facilities,
17        transportation, and other program elements;
18            (J) facilitating each program's fulfillment of its
19        statutory and regulatory requirements;
20            (K) improving local planning and collaboration;
21        and
22            (L) providing comprehensive services for the
23        neediest Illinois children and families.
24    If the appropriate local Head Start agency is unable or
25    unwilling to enter into a memorandum of understanding as
26    required under this paragraph (4.5), the memorandum of



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1    understanding requirement shall not apply and the grantee
2    under the program must notify the State Board of Education
3    in writing of the Head Start agency's inability or
4    unwillingness. The State Board of Education shall compile
5    all such written notices and make them available to the
6    public.
7        (5) The State Board of Education shall develop and
8    provide evaluation tools, including tests, that school
9    districts and other eligible entities may use to evaluate
10    children for school readiness prior to age 5. The State
11    Board of Education shall require school districts and other
12    eligible entities to obtain consent from the parents or
13    guardians of children before any evaluations are
14    conducted. The State Board of Education shall encourage
15    local school districts and other eligible entities to
16    evaluate the population of preschool children in their
17    communities and provide preschool programs, pursuant to
18    this subsection, where appropriate.
19        (6) The State Board of Education shall report to the
20    General Assembly by November 1, 2010 and every 3 years
21    thereafter on the results and progress of students who were
22    enrolled in preschool educational programs, including an
23    assessment of which programs have been most successful in
24    promoting academic excellence and alleviating academic
25    failure. The State Board of Education shall assess the
26    academic progress of all students who have been enrolled in



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1    preschool educational programs.
2        On or before November 1 of each fiscal year in which
3    the General Assembly provides funding for new programs
4    under paragraph (4.5) of this Section, the State Board of
5    Education shall report to the General Assembly on what
6    percentage of new funding was provided to programs serving
7    primarily at-risk children, what percentage of new funding
8    was provided to programs serving primarily children with a
9    family income of less than 4 times the federal poverty
10    level, and what percentage of new funding was provided to
11    other programs.
12        (7) Due to evidence that expulsion practices in the
13    preschool years are linked to poor child outcomes and are
14    employed inconsistently across racial and gender groups,
15    early childhood programs receiving State funds under this
16    subsection (a) shall prohibit expulsions. Planned
17    transitions to settings that are able to better meet a
18    child's needs are not considered expulsion under this
19    paragraph (7).
20            (A) When persistent and serious challenging
21        behaviors emerge, the early childhood program shall
22        document steps taken to ensure that the child can
23        participate safely in the program; including
24        observations of initial and ongoing challenging
25        behaviors, strategies for remediation and intervention
26        plans to address the behaviors, and communication with



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1        the parent or legal guardian, including participation
2        of the parent or legal guardian in planning and
3        decision-making.
4            (B) The early childhood program shall, with
5        parental or legal guardian consent as required,
6        utilize a range of community resources, if available
7        and deemed necessary, including, but not limited to,
8        developmental screenings, referrals to programs and
9        services administered by a local educational agency or
10        early intervention agency under Parts B and C of the
11        federal Individual with Disabilities Education Act,
12        and consultation with infant and early childhood
13        mental health consultants and the child's health care
14        provider. The program shall document attempts to
15        engage these resources, including parent or legal
16        guardian participation and consent attempted and
17        obtained. Communication with the parent or legal
18        guardian shall take place in a culturally and
19        linguistically competent manner.
20            (C) If there is documented evidence that all
21        available interventions and supports recommended by a
22        qualified professional have been exhausted and the
23        program determines in its professional judgment that
24        transitioning a child to another program is necessary
25        for the well-being of the child or his or her peers and
26        staff, with parent or legal guardian permission, both



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1        the current and pending programs shall create a
2        transition plan designed to ensure continuity of
3        services and the comprehensive development of the
4        child. Communication with families shall occur in a
5        culturally and linguistically competent manner.
6            (D) Nothing in this paragraph (7) shall preclude a
7        parent's or legal guardian's right to voluntarily
8        withdraw his or her child from an early childhood
9        program. Early childhood programs shall request and
10        keep on file, when received, a written statement from
11        the parent or legal guardian stating the reason for his
12        or her decision to withdraw his or her child.
13            (E) In the case of the determination of a serious
14        safety threat to a child or others or in the case of
15        behaviors listed in subsection (d) of Section 10-22.6
16        of this Code, the temporary removal of a child from
17        attendance in group settings may be used. Temporary
18        removal of a child from attendance in a group setting
19        shall trigger the process detailed in subparagraphs
20        (A), (B), and (C) of this paragraph (7), with the child
21        placed back in a group setting as quickly as possible.
22            (F) Early childhood programs may utilize and the
23        State Board of Education, the Department of Human
24        Services, and the Department of Children and Family
25        Services shall make available training, technical
26        support, and professional development resources to



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1        improve the ability of teachers, administrators,
2        program directors, and other staff to promote
3        social-emotional development and behavioral health, to
4        address challenging behaviors, and to understand
5        trauma and trauma-informed care, cultural competence,
6        family engagement with diverse populations, the impact
7        of implicit bias on adult behavior, and the use of
8        reflective practice techniques. Support shall include
9        the availability of resources to contract with infant
10        and early childhood mental health consultants.
11            (G) Early childhood programs shall annually report
12        to the State Board of Education and the State Board of
13        Education shall make publicly available, in a separate
14        or existing annual report, all the following data for
15        children from birth to age 5 who are served by the
16        program:
17                (i) Total number served over the course of the
18            program year and the total number of children who
19            left the program during the program year.
20                (ii) Number of planned transitions to another
21            program due to children's behavior, by children's
22            race, gender, disability, language, class/group
23            size, teacher-child ratio, and length of program
24            day.
25                (iii) Number of temporary removals of a child
26            from attendance in group settings due to



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1            extraordinary circumstances under subparagraph (E)
2            of this paragraph (7), by children's race, gender,
3            disability, language, class/group size,
4            teacher-child ratio, and length of program day.
5                (iv) Hours of infant and early childhood
6            mental health consultant contact with program
7            leaders, staff, and families over the program
8            year.
9            (H) Changes to services for children with an
10        individualized education program or individual family
11        service plan shall be construed in a manner consistent
12        with the federal Individuals with Disabilities
13        Education Act.
14        The State Board of Education, in consultation with the
15    Governor's Office of Early Childhood Development and the
16    Department of Children and Family Services, shall adopt
17    rules to administer this paragraph (7).
18    (b) (Blank).
19(Source: P.A. 95-724, eff. 6-30-08; 96-119, eff. 8-4-09;
2096-944, eff. 6-25-10; 96-948, eff. 6-25-10.)
21    (105 ILCS 5/2-3.71a)  (from Ch. 122, par. 2-3.71a)
22    Sec. 2-3.71a. Grants for early childhood parental training
23programs. The State Board of Education shall implement and
24administer a grant program consisting of grants to public
25school districts and other eligible entities, as defined by the



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1State Board of Education, to conduct early childhood parental
2training programs for the parents of children in the period of
3life from birth to kindergarten. A public school district that
4receives grants under this Section may contract with other
5eligible entities to conduct an early childhood parental
6training program. These grants must be used to supplement, not
7supplant, funds received from any other source. A school board
8or other eligible entity shall employ appropriately qualified
9personnel for its early childhood parental training program,
10including but not limited to certified teachers, counselors,
11psychiatrists, psychologists and social workers.
12    (a) As used in this Section, "parental training" means and
13includes instruction in the following:
14        (1) Child growth and development, including prenatal
15    development.
16        (2) Childbirth and child care.
17        (3) Family structure, function and management.
18        (4) Prenatal and postnatal care for mothers and
19    infants.
20        (5) Prevention of child abuse.
21        (6) The physical, mental, emotional, social, economic
22    and psychological aspects of interpersonal and family
23    relationships.
24        (7) Parenting skill development.
25    The programs shall include activities that require
26substantial participation and interaction between parent and



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2    (b) The Board shall annually award funds through a grant
3approval process established by the State Board of Education,
4providing that an annual appropriation is made for this purpose
5from State, federal or private funds. Nothing in this Section
6shall preclude school districts from applying for or accepting
7private funds to establish and implement programs.
8    (c) The State Board of Education shall assist those
9districts and other eligible entities offering early childhood
10parental training programs, upon request, in developing
11instructional materials, training teachers and staff, and
12establishing appropriate time allotments for each of the areas
13included in such instruction.
14    (d) School districts and other eligible entities may offer
15early childhood parental training courses during that period of
16the day which is not part of the regular school day. Residents
17of the community may enroll in such courses. The school board
18or other eligible entity may establish fees and collect such
19charges as may be necessary for attendance at such courses in
20an amount not to exceed the per capita cost of the operation
21thereof, except that the board or other eligible entity may
22waive all or part of such charges if it determines that the
23parent is indigent or that the educational needs of the parent
24require his or her attendance at such courses.
25    (e) Parents who participate in early childhood parental
26training programs under this Section may be eligible for



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1reasonable reimbursement of any incidental transportation and
2child care expenses from the school district receiving funds
3pursuant to this Section.
4    (f) Districts and other eligible entities receiving grants
5pursuant to this Section shall coordinate programs created
6under this Section with other preschool educational programs,
7including "at-risk" preschool programs, special and vocational
8education, and related services provided by other governmental
9agencies and not-for-profit agencies.
10    (g) The State Board of Education shall report to the
11General Assembly by July 1, 1991, on the results of the
12programs funded pursuant to this Section and whether a need
13continues for such programs.
14    (h) After July 1, 2006, any parental training services
15funded pursuant to this Section on the effective date of this
16amendatory Act of the 94th General Assembly shall continue to
17be funded pursuant to this Section, subject to appropriation
18and the meeting of program standards. Any additional parental
19training services must be funded, subject to appropriation,
20through preschool education grants pursuant to subdivision (4)
21of subsection (a) of Section 2-3.71 of this Code for families
22with children ages 3 to 5 and through prevention initiative
23grants pursuant to subsection (b) of Section 2-3.89 of this
24Code for expecting families and those with children from birth
25to 3 years of age.
26    (i) Early childhood programs under this Section are subject



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1to the requirements under paragraph (7) of subsection (a) of
2Section 2-3.71 of this Code.
3(Source: P.A. 94-506, eff. 8-8-05.)
4    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
5    Sec. 10-22.6. Suspension or expulsion of pupils; school
7    (a) To expel pupils guilty of gross disobedience or
8misconduct, including gross disobedience or misconduct
9perpetuated by electronic means, pursuant to subsection (b-20)
10of this Section, and no action shall lie against them for such
11expulsion. Expulsion shall take place only after the parents
12have been requested to appear at a meeting of the board, or
13with a hearing officer appointed by it, to discuss their
14child's behavior. Such request shall be made by registered or
15certified mail and shall state the time, place and purpose of
16the meeting. The board, or a hearing officer appointed by it,
17at such meeting shall state the reasons for dismissal and the
18date on which the expulsion is to become effective. If a
19hearing officer is appointed by the board he shall report to
20the board a written summary of the evidence heard at the
21meeting and the board may take such action thereon as it finds
22appropriate. If the board acts to expel a pupil, the written
23expulsion decision shall detail the specific reasons why
24removing the pupil from the learning environment is in the best
25interest of the school. The expulsion decision shall also



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1include a rationale as to the specific duration of the
2expulsion. An expelled pupil may be immediately transferred to
3an alternative program in the manner provided in Article 13A or
413B of this Code. A pupil must not be denied transfer because
5of the expulsion, except in cases in which such transfer is
6deemed to cause a threat to the safety of students or staff in
7the alternative program.
8    (b) To suspend or by policy to authorize the superintendent
9of the district or the principal, assistant principal, or dean
10of students of any school to suspend pupils guilty of gross
11disobedience or misconduct, or to suspend pupils guilty of
12gross disobedience or misconduct on the school bus from riding
13the school bus, pursuant to subsections (b-15) and (b-20) of
14this Section, and no action shall lie against them for such
15suspension. The board may by policy authorize the
16superintendent of the district or the principal, assistant
17principal, or dean of students of any school to suspend pupils
18guilty of such acts for a period not to exceed 10 school days.
19If a pupil is suspended due to gross disobedience or misconduct
20on a school bus, the board may suspend the pupil in excess of
2110 school days for safety reasons.
22     Any suspension shall be reported immediately to the
23parents or guardian of a pupil along with a full statement of
24the reasons for such suspension and a notice of their right to
25a review. The school board must be given a summary of the
26notice, including the reason for the suspension and the



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



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



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



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1to be provided or whether it was determined that there are no
2such appropriate and available services.
3    A school district may refer students who are expelled to
4appropriate and available support services.
5    A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting.
8    (b-30) A school district shall create a policy by which
9suspended pupils, including those pupils suspended from the
10school bus who do not have alternate transportation to school,
11shall have the opportunity to make up work for equivalent
12academic credit. It shall be the responsibility of a pupil's
13parent or guardian to notify school officials that a pupil
14suspended from the school bus does not have alternate
15transportation to school.
16    (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such meeting
18whenever there is evidence that mental illness may be the cause
19for expulsion or suspension.
20    (c-5) School districts shall make reasonable efforts to
21provide ongoing professional development to teachers,
22administrators, school board members, school resource
23officers, and staff on the adverse consequences of school
24exclusion and justice-system involvement, effective classroom
25management strategies, culturally responsive discipline, and
26developmentally appropriate disciplinary methods that promote



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



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



SB1557- 24 -LRB100 10115 NHT 20289 b

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



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1this Code or an alternative learning opportunities program
2under Article 13B of this Code before being admitted into the
3school district if there is no threat to the safety of students
4or staff in the alternative program.
5    (h) School officials shall not advise or encourage students
6to drop out voluntarily due to behavioral or academic
8    (i) A student may not be issued a monetary fine or fee as a
9disciplinary consequence, though this shall not preclude
10requiring a student to provide restitution for lost, stolen, or
11damaged property.
12    (j) Subsections (a) through (i) of this Section shall apply
13to elementary and secondary schools, charter schools, special
14charter districts, and school districts organized under
15Article 34 of this Code.
16    (k) The expulsion of children enrolled in programs funded
17under Section 1C-2 of this Code is subject to the requirements
18under paragraph (7) of subsection (a) of Section 2-3.71 of this
20(Source: P.A. 99-456, eff. 9-15-16.)
21    Section 10. The Child Care Act of 1969 is amended by adding
22Section 5.10 as follows:
23    (225 ILCS 10/5.10 new)
24    Sec. 5.10. Child care limitation on expulsions. Consistent



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1with the purposes of this amendatory Act of the 100th General
2Assembly and the requirements therein under paragraph (7) of
3subsection (a) of Section 2-3.71 of the School Code, the
4Department, in consultation with the Governor's Office of Early
5Childhood Development and the State Board of Education, shall
6adopt rules prohibiting the use of expulsion due to a child's
7persistent and serious challenging behaviors in licensed day
8care centers, day care homes, and group day care homes. The
9rulemaking shall address, at a minimum, requirements for
10licensees to establish intervention and transition policies,
11notify parents of policies, document intervention steps, and
12collect and report data on children transitioning out of the