Illinois General Assembly - Full Text of HB2086
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Full Text of HB2086  97th General Assembly


Rep. Monique D. Davis

Filed: 3/14/2011





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2    AMENDMENT NO. ______. Amend House Bill 2086 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Sections
510-22.6, 13B-20.25, and 34-19 as follows:
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    Sec. 10-22.6. Suspension or expulsion of pupils; school
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, 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,



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1at such meeting shall state the reasons for dismissal and the
2date on which the expulsion is to become effective. If a
3hearing officer is appointed by the board he shall report to
4the board a written summary of the evidence heard at the
5meeting and the board may take such action thereon as it finds
6appropriate. An expelled pupil may be immediately transferred
7to an alternative program in the manner provided in Article 13A
8or 13B of this Code. A pupil must not be denied transfer
9because of the expulsion.
10    (b) To suspend or by policy to authorize the superintendent
11of the district or the principal, assistant principal, or dean
12of students of any school to suspend pupils guilty of gross
13disobedience or misconduct, or to suspend pupils guilty of
14gross disobedience or misconduct on the school bus from riding
15the school bus, and no action shall lie against them for such
16suspension. The board may by policy authorize the
17superintendent of the district or the principal, assistant
18principal, or dean of students of any school to suspend pupils
19guilty of such acts for a period not to exceed 10 school days.
20If a pupil is suspended due to gross disobedience or misconduct
21on a school bus, the board may suspend the pupil in excess of
2210 school days for safety reasons. Any suspension shall be
23reported immediately to the parents or guardian of such pupil
24along with a full statement of the reasons for such suspension
25and a notice of their right to a review. The school board must
26be given a summary of the notice, including the reason for the



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1suspension and the suspension length. Upon request of the
2parents or guardian the school board or a hearing officer
3appointed by it shall review such action of the superintendent
4or principal, assistant principal, or dean of students. At such
5review the parents or guardian of the pupil may appear and
6discuss the suspension with the board or its hearing officer.
7If a hearing officer is appointed by the board he shall report
8to the board a written summary of the evidence heard at the
9meeting. After its hearing or upon receipt of the written
10report of its hearing officer, the board may take such action
11as it finds appropriate. A pupil who is suspended in excess of
1220 school days may be immediately transferred to an alternative
13program in the manner provided in Article 13A or 13B of this
14Code. A pupil must not be denied transfer because of the
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    (d) The board may expel a student for a definite period of
21time not to exceed 2 calendar years, as determined on a case by
22case basis. A student who is determined to have brought one of
23the following objects to school, any school-sponsored activity
24or event, or any activity or event that bears a reasonable
25relationship to school shall be expelled for a period of not
26less than one year:



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1        (1) A firearm. For the purposes of this Section,
2    "firearm" means any gun, rifle, shotgun, weapon as defined
3    by Section 921 of Title 18 of the United States Code,
4    firearm as defined in Section 1.1 of the Firearm Owners
5    Identification Card Act, or firearm as defined in Section
6    24-1 of the Criminal Code of 1961. The expulsion period
7    under this subdivision (1) may be modified by the
8    superintendent, and the superintendent's determination may
9    be modified by the board on a case-by-case basis.
10        (2) A knife, brass knuckles or other knuckle weapon
11    regardless of its composition, a billy club, or any other
12    object if used or attempted to be used to cause bodily
13    harm, including "look alikes" of any firearm as defined in
14    subdivision (1) of this subsection (d). The expulsion
15    requirement under this subdivision (2) may be modified by
16    the superintendent, and the superintendent's determination
17    may be modified by the board on a case-by-case basis.
18Expulsion or suspension shall be construed in a manner
19consistent with the Federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code. The provisions of this
24subsection (d) apply in all school districts, including special
25charter districts and districts organized under Article 34.
26    (e) To maintain order and security in the schools, school



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1authorities may inspect and search places and areas such as
2lockers, desks, parking lots, and other school property and
3equipment owned or controlled by the school, as well as
4personal effects left in those places and areas by students,
5without notice to or the consent of the student, and without a
6search warrant. As a matter of public policy, the General
7Assembly finds that students have no reasonable expectation of
8privacy in these places and areas or in their personal effects
9left in these places and areas. School authorities may request
10the assistance of law enforcement officials for the purpose of
11conducting inspections and searches of lockers, desks, parking
12lots, and other school property and equipment owned or
13controlled by the school for illegal drugs, weapons, or other
14illegal or dangerous substances or materials, including
15searches conducted through the use of specially trained dogs.
16If a search conducted in accordance with this Section produces
17evidence that the student has violated or is violating either
18the law, local ordinance, or the school's policies or rules,
19such evidence may be seized by school authorities, and
20disciplinary action may be taken. School authorities may also
21turn over such evidence to law enforcement authorities. The
22provisions of this subsection (e) apply in all school
23districts, including special charter districts and districts
24organized under Article 34.
25    (f) Suspension or expulsion may include suspension or
26expulsion from school and all school activities and a



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1prohibition from being present on school grounds.
2    (g) A school district may adopt a policy providing that if
3a student is suspended or expelled for any reason from any
4public or private school in this or any other state, the
5student must complete the entire term of the suspension or
6expulsion in an alternative school program under Article 13A of
7this Code or an alternative learning opportunities program
8under Article 13B of this Code before being admitted into the
9school district. This policy may allow placement of the student
10in an alternative school program established under Article 13A
11of this Code, if available, for the remainder of the suspension
12or expulsion. This subsection (g) applies to all school
13districts, including special charter districts and districts
14organized under Article 34 of this Code.
15(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)
16    (105 ILCS 5/13B-20.25)
17    Sec. 13B-20.25. Eligible students. Students in grades 4
18through 12 who meet enrollment criteria established by the
19school district and who meet the definition of "student at risk
20of academic failure" are eligible to participate in an
21alternative learning opportunities program funded under this
22Article. Notwithstanding any other provision of law to the
23contrary, enrollment in a charter alternative learning
24opportunities program shall be open to any pupil who has been
25expelled or suspended for more than 20 days under Section



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110-22.6 or 34-19 of this Code. All rights granted under this
2Article to a student's parent or guardian become exclusively
3those of the student upon the student's 18th birthday.
4(Source: P.A. 92-42, eff. 1-1-02.)
5    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
6    Sec. 34-19. By-laws, rules and regulations; business
7transacted at regular meetings; voting; records. The board
8shall, subject to the limitations in this Article, establish
9by-laws, rules and regulations, which shall have the force of
10ordinances, for the proper maintenance of a uniform system of
11discipline for both employees and pupils, and for the entire
12management of the schools, and may fix the school age of
13pupils, the minimum of which in kindergartens shall not be
14under 4 years, except that, based upon an assessment of the
15child's readiness, children who have attended a non-public
16preschool and continued their education at that school through
17kindergarten, were taught in kindergarten by an appropriately
18certified teacher, and will attain the age of 6 years on or
19before December 31 of the year of the 2009-2010 school term and
20each school term thereafter may attend first grade upon
21commencement of such term, and in grade schools shall not be
22under 6 years. It may expel, suspend or, subject to the
23limitations of all policies established or adopted under
24Section 14-8.05, otherwise discipline any pupil found guilty of
25gross disobedience, misconduct or other violation of the



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1by-laws, rules and regulations. An expelled pupil may be
2immediately transferred to an alternative program in the manner
3provided in Article 13A or 13B of this Code. A pupil must not
4be denied transfer because of the expulsion. A pupil who is
5suspended in excess of 20 school days may be immediately
6transferred to an alternative program in the manner provided in
7Article 13A or 13B of this Code. A pupil must not be denied
8transfer because of the suspension. The bylaws, rules and
9regulations of the board shall be enacted, money shall be
10appropriated or expended, salaries shall be fixed or changed,
11and textbooks, electronic textbooks, and courses of
12instruction shall be adopted or changed only at the regular
13meetings of the board and by a vote of a majority of the full
14membership of the board; provided that notwithstanding any
15other provision of this Article or the School Code, neither the
16board or any local school council may purchase any textbook for
17use in any public school of the district from any textbook
18publisher that fails to furnish any computer diskettes as
19required under Section 28-21. Funds appropriated for textbook
20purchases must be available for electronic textbook purchases
21and the technological equipment necessary to gain access to and
22use electronic textbooks at the local school council's
23discretion. The board shall be further encouraged to provide
24opportunities for public hearing and testimony before the
25adoption of bylaws, rules and regulations. Upon all
26propositions requiring for their adoption at least a majority



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1of all the members of the board the yeas and nays shall be
2taken and reported. The by-laws, rules and regulations of the
3board shall not be repealed, amended or added to, except by a
4vote of 2/3 of the full membership of the board. The board
5shall keep a record of all its proceedings. Such records and
6all by-laws, rules and regulations, or parts thereof, may be
7proved by a copy thereof certified to be such by the secretary
8of the board, but if they are printed in book or pamphlet form
9which are purported to be published by authority of the board
10they need not be otherwise published and the book or pamphlet
11shall be received as evidence, without further proof, of the
12records, by-laws, rules and regulations, or any part thereof,
13as of the dates thereof as shown in such book or pamphlet, in
14all courts and places where judicial proceedings are had.
15    Notwithstanding any other provision in this Article or in
16the School Code, the board may delegate to the general
17superintendent or to the attorney the authorities granted to
18the board in the School Code, provided such delegation and
19appropriate oversight procedures are made pursuant to board
20by-laws, rules and regulations, adopted as herein provided,
21except that the board may not delegate its authorities and
22responsibilities regarding (1) budget approval obligations;
23(2) rule-making functions; (3) desegregation obligations; (4)
24real estate acquisition, sale or lease in excess of 10 years as
25provided in Section 34-21; (5) the levy of taxes; or (6) any
26mandates imposed upon the board by "An Act in relation to



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1school reform in cities over 500,000, amending Acts herein
2named", approved December 12, 1988 (P.A. 85-1418).
3(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)".