Full Text of SB1718 96th General Assembly
SB1718eng 96TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Section | 5 |
| 10-22.6 as follows:
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 10 |
| misconduct, and
no action shall lie against them for such | 11 |
| expulsion. Expulsion shall
take place only after the parents | 12 |
| have been requested to appear at a
meeting of the board, or | 13 |
| with a hearing officer appointed by it, to
discuss their | 14 |
| child's behavior. Such request shall be made by registered
or | 15 |
| certified mail and shall state the time, place and purpose of | 16 |
| the
meeting. The board, or a hearing officer appointed by it, | 17 |
| at such
meeting shall state the reasons for dismissal and the | 18 |
| date on which the
expulsion is to become effective. If a | 19 |
| hearing officer is appointed by
the board he shall report to | 20 |
| the board a written summary of the evidence
heard at the | 21 |
| meeting and the board may take such action thereon as it
finds | 22 |
| appropriate.
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| (b) To suspend or by regulation to authorize the |
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| superintendent of
the district or the principal, assistant | 2 |
| principal, or dean of students
of any school to suspend pupils | 3 |
| guilty of gross disobedience or misconduct, or
to suspend | 4 |
| pupils guilty of gross disobedience or misconduct on the school | 5 |
| bus
from riding the school bus, and no action
shall lie against | 6 |
| them for such suspension. The board may by regulation
authorize | 7 |
| the superintendent of the district or the principal, assistant
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| principal, or dean of students of any
school to suspend pupils | 9 |
| guilty of such acts for a period not to exceed
10 school days. | 10 |
| If a pupil is suspended due to gross disobedience or misconduct
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| on a school bus, the board may suspend the pupil in excess of | 12 |
| 10
school
days for safety reasons. Any suspension shall be | 13 |
| reported immediately to the
parents or guardian of such pupil | 14 |
| along with a full statement of the
reasons for such suspension | 15 |
| and a notice of their right to a review, a
copy of which shall | 16 |
| be given to the school board. Upon request of the
parents or | 17 |
| guardian the school board or a hearing officer appointed by
it | 18 |
| shall review such action of the superintendent or principal, | 19 |
| assistant
principal, or dean of students. At such
review the | 20 |
| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 22 |
| officer
is appointed by the board he shall report to the board | 23 |
| a written summary
of the evidence heard at the meeting. After | 24 |
| its hearing or upon receipt
of the written report of its | 25 |
| hearing officer, the board may take such
action as it finds | 26 |
| appropriate.
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| (c) The Department of Human Services
shall be invited to | 2 |
| send a representative to consult with the board at
such meeting | 3 |
| whenever there is evidence that mental illness may be the
cause | 4 |
| for expulsion or suspension.
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| (d) The board may expel a student for a definite period of | 6 |
| time not to
exceed 2 calendar years, as determined on a case by | 7 |
| case basis.
A student who
is determined to have brought a | 8 |
| firearm, a knife, brass knuckles, or a billy club weapon to | 9 |
| school, any school-sponsored activity
or event, or
any activity | 10 |
| or event which bears a reasonable relationship to school shall
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| be expelled for a period of not less than
one year, except that | 12 |
| the expulsion requirement period may be modified by the
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| superintendent, and the superintendent's determination may be | 14 |
| modified by
the board
on a case by case basis. For the purpose | 15 |
| of this Section, the term "firearm" "weapon"
means (1)
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| possession,
use, control, or transfer of any gun, rifle, | 17 |
| shotgun, firearm weapon as
defined by Section 921 of Title 18, | 18 |
| United States Code, or firearm as
defined in Section 1.1 of the | 19 |
| Firearm Owners Identification Act , or use of
a weapon as | 20 |
| defined in Section 24-1 of the Criminal Code or , (2) any other
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| object if used or attempted to be used to cause bodily harm, | 22 |
| including but not
limited to , knives, brass knuckles,
or
billy | 23 |
| clubs, or (3) "look alikes" of any firearm weapon as defined in | 24 |
| this
Section. Expulsion
or suspension
shall be construed in a
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| manner consistent with the Federal Individuals with | 26 |
| Disabilities Education
Act. A student who is subject to |
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| suspension or expulsion as provided in this
Section may be | 2 |
| eligible for a transfer to an alternative school program in
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| accordance with Article 13A of the School Code. The provisions | 4 |
| of this
subsection (d) apply in all school districts,
including | 5 |
| special charter districts and districts organized under | 6 |
| Article 34.
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| (e) To maintain order and security in the schools, school | 8 |
| authorities may
inspect and search places and areas such as | 9 |
| lockers, desks, parking lots, and
other school property and | 10 |
| equipment owned or controlled by the school, as well
as | 11 |
| personal effects left in those places and areas by students, | 12 |
| without notice
to or the consent of the student, and without a | 13 |
| search warrant. As a matter of
public policy, the General | 14 |
| Assembly finds that students have no reasonable
expectation of | 15 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 17 |
| the assistance
of law enforcement officials for the purpose of | 18 |
| conducting inspections and
searches of lockers, desks, parking | 19 |
| lots, and other school property and
equipment owned or | 20 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 22 |
| searches conducted
through the use of specially trained dogs. | 23 |
| If a search conducted in accordance
with this Section produces | 24 |
| evidence that the student has violated or is
violating either | 25 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and |
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| disciplinary action may
be taken. School authorities may also | 2 |
| turn over such evidence to law
enforcement authorities. The | 3 |
| provisions of this subsection (e) apply in all
school | 4 |
| districts, including special charter districts and districts | 5 |
| organized
under Article 34.
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| (f) Suspension or expulsion may include suspension or | 7 |
| expulsion from
school and all school activities and a | 8 |
| prohibition from being present on school
grounds.
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| (g) A school district may adopt a policy providing that if | 10 |
| a student
is suspended or expelled for any reason from any | 11 |
| public or private school
in this or any other state, the | 12 |
| student must complete the entire term of
the suspension or | 13 |
| expulsion before being admitted into the school
district. This | 14 |
| policy may allow placement of the student in an alternative
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| school program established under Article 13A of this Code, if | 16 |
| available, for
the
remainder of the suspension or expulsion. | 17 |
| This subsection (g) applies to
all school districts, including | 18 |
| special charter districts and districts
organized under | 19 |
| Article 34 of this Code.
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| (Source: P.A. 92-64, eff. 7-12-01.)
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| Section 99. Effective date. This Act takes effect upon | 22 |
| becoming law.
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