HB5617ham001 99TH GENERAL ASSEMBLY

Rep. Emanuel Chris Welch

Filed: 3/23/2016

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5617

2    AMENDMENT NO. ______. Amend House Bill 5617 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
510-22.6 as follows:
 
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    (Text of Section before amendment by P.A. 99-456)
8    Sec. 10-22.6. Suspension or expulsion of pupils; school
9searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, and no action shall lie
13against them for such expulsion. Expulsion shall take place
14only after the parents have been requested to appear at a
15meeting of the board, or with a hearing officer appointed by
16it, to discuss their child's behavior. Such request shall be

 

 

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1made by registered or certified mail and shall state the time,
2place and purpose of the meeting. The board, or a hearing
3officer appointed by it, at such meeting shall state the
4reasons for dismissal and the date on which the expulsion is to
5become effective. If a hearing officer is appointed by the
6board he shall report to the board a written summary of the
7evidence heard at the meeting and the board may take such
8action thereon as it finds appropriate. An expelled pupil may
9be immediately transferred to an alternative program in the
10manner provided in Article 13A or 13B of this Code. A pupil
11must not be denied transfer because of the expulsion, except in
12cases in which such transfer is deemed to cause a threat to the
13safety of students or staff in the alternative program.
14    (b) To suspend or by policy to authorize the superintendent
15of the district or the principal, assistant principal, or dean
16of students of any school to suspend pupils guilty of gross
17disobedience or misconduct, or to suspend pupils guilty of
18gross disobedience or misconduct on the school bus from riding
19the school bus, and no action shall lie against them for such
20suspension. The board may by policy authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend pupils
23guilty of such acts for a period not to exceed 10 school days.
24If a pupil is suspended due to gross disobedience or misconduct
25on a school bus, the board may suspend the pupil in excess of
2610 school days for safety reasons. Any suspension shall be

 

 

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1reported immediately to the parents or guardian of such pupil
2along with a full statement of the reasons for such suspension
3and a notice of their right to a review. The school board must
4be given a summary of the notice, including the reason for the
5suspension and the suspension length. Upon request of the
6parents or guardian the school board or a hearing officer
7appointed by it shall review such action of the superintendent
8or principal, assistant principal, or dean of students. At such
9review the parents or guardian of the pupil may appear and
10discuss the suspension with the board or its hearing officer.
11If a hearing officer is appointed by the board he shall report
12to the board a written summary of the evidence heard at the
13meeting. After its hearing or upon receipt of the written
14report of its hearing officer, the board may take such action
15as it finds appropriate. A pupil who is suspended in excess of
1620 school days may be immediately transferred to an alternative
17program in the manner provided in Article 13A or 13B of this
18Code. A pupil must not be denied transfer because of the
19suspension, except in cases in which such transfer is deemed to
20cause a threat to the safety of students or staff in the
21alternative program.
22    (c) The Department of Human Services shall be invited to
23send a representative to consult with the board at such meeting
24whenever there is evidence that mental illness may be the cause
25for expulsion or suspension.
26    (d) The board may expel a student for a definite period of

 

 

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

 

 

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1expulsion as provided in this Section may be eligible for a
2transfer to an alternative school program in accordance with
3Article 13A of the School Code. The provisions of this
4subsection (d) apply in all school districts, including special
5charter districts and districts organized under Article 34.
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. The provisions of this subsection (d-5)
23apply in all school districts, including special charter
24districts and districts organized under Article 34 of this
25Code.
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 if there is no threat to the safety of students
10or staff in the alternative program. This subsection (g)
11applies to all school districts, including special charter
12districts and districts organized under Article 34 of this
13Code.
14    (i-5) The General Assembly recognizes that (i) many K-12
15students around the State are arrested in school and sent into
16the justice system, often for minor offenses that do not pose a
17serious threat to school safety; (ii) many schools across the
18State have become overly reliant on law enforcement personnel
19to handle routine school disciplinary matters; (iii) many
20student behaviors that result in arrest in some schools are
21addressed without involving the justice system in others; (iv)
22the over-criminalization of K-12 students has had significant
23negative consequences for students, families, and entire
24communities; (v) these dynamics, known as the
25"school-to-prison pipeline", have disproportionately affected
26students of color; (vi) these practices impose substantial

 

 

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1economic costs on both localities and the State overall; (vii)
2the use of school-based law enforcement has not been proven
3effective as a strategy to promote safe and productive schools;
4and (viii) eliminating unnecessary school-based arrests and
5law enforcement presence in school while promoting the use of
6developmentally appropriate alternatives will protect school
7safety, improve school climate, raise academic achievement,
8and save taxpayer dollars.
9    A student may not be arrested or otherwise cited for a
10criminal offense committed during school hours while on school
11grounds, in school vehicles, or at school activities or
12sanctioned events unless:
13        (1) the offense would constitute a felony, if committed
14    outside of the school setting, in one of the classes
15    defined in the Criminal Code of 2012;
16        (2) the offense involved an act of physical violence
17    against another person that resulted in a serious bodily
18    injury to that person, and the arrest of the student is
19    necessary to avoid an ongoing threat to the physical safety
20    of other members of the school community;
21        (3) the offense involved the use of a firearm; or
22        (4) the offense involved an act of criminal sexual
23    abuse.
24    While the option to use justice-system interventions is
25available under these conditions, they shall only be used as a
26last resort, when there are no other options for safely and

 

 

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1appropriately handling the situation.
2    School employees and officials retain their authority and
3discretion under law to address offenses not specified within
4items (1) through (4) of this subsection (i-5) through the
5school disciplinary process. Nothing in this subsection (i-5)
6shall limit the rights and duties of teachers, school
7administrators, other school district employees, and law
8enforcement officers to report and respond to criminal conduct
9by any individual who is not a student under the school
10district's jurisdiction.
11    Because of the General Assembly's concerns related to the
12over-policing of students, school districts are encouraged to
13reallocate funding for school-based law enforcement personnel
14in some or all of their schools to other evidence-based and
15promising practices designed to promote school safety and
16healthy learning environments, including, but not limited to:
17restorative justice programs; increased use of school
18psychologists, social workers, and other mental and behavioral
19health specialists; drug and alcohol treatment services;
20wraparound services for youth; and training for school staff on
21conflict resolution techniques and other disciplinary
22alternatives.
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,

 

 

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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) The General Assembly recognizes that (i) many K-12
12students around the State are arrested in school and sent into
13the justice system, often for minor offenses that do not pose a
14serious threat to school safety; (ii) many schools across the
15State have become overly reliant on law enforcement personnel
16to handle routine school disciplinary matters; (iii) many
17student behaviors that result in arrest in some schools are
18addressed without involving the justice system in others; (iv)
19the over-criminalization of K-12 students has had significant
20negative consequences for students, families, and entire
21communities; (v) these dynamics, known as the
22"school-to-prison pipeline", have disproportionately affected
23students of color; (vi) these practices impose substantial
24economic costs on both localities and the State overall; (vii)
25the use of school-based law enforcement has not been proven
26effective as a strategy to promote safe and productive schools;

 

 

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1and (viii) eliminating unnecessary school-based arrests and
2law enforcement presence in school while promoting the use of
3developmentally appropriate alternatives will protect school
4safety, improve school climate, raise academic achievement,
5and save taxpayer dollars.
6    A student may not be arrested or otherwise cited for a
7criminal offense committed during school hours while on school
8grounds, in school vehicles, or at school activities or
9sanctioned events unless:
10        (1) the offense would constitute a felony, if committed
11    outside of the school setting, in one of the classes
12    defined in the Criminal Code of 2012;
13        (2) the offense involved an act of physical violence
14    against another person that resulted in a serious bodily
15    injury to that person, and the arrest of the student is
16    necessary to avoid an ongoing threat to the physical safety
17    of other members of the school community;
18        (3) the offense involved the use of a firearm; or
19        (4) the offense involved an act of criminal sexual
20    abuse.
21    While the option to use justice-system interventions is
22available under these conditions, they shall only be used as a
23last resort, when there are no other options for safely and
24appropriately handling the situation.
25    School employees and officials retain their authority and
26discretion under law to address offenses not specified within

 

 

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1items (1) through (4) of this subsection (i-5) through the
2school disciplinary process. Nothing in this subsection (i-5)
3shall limit the rights and duties of teachers, school
4administrators, other school district employees, and law
5enforcement officers to report and respond to criminal conduct
6by any individual who is not a student under the school
7district's jurisdiction.
8    Because of the General Assembly's concerns related to the
9over-policing of students, school districts are encouraged to
10reallocate funding for school-based law enforcement personnel
11in some or all of their schools to other evidence-based and
12promising practices designed to promote school safety and
13healthy learning environments, including, but not limited to:
14restorative justice programs; increased use of school
15psychologists, social workers, and other mental and behavioral
16health specialists; drug and alcohol treatment services;
17wraparound services for youth; and training for school staff on
18conflict resolution techniques and other disciplinary
19alternatives.
20    (j) Subsections (a) through (i-5) (i) of this Section shall
21apply to elementary and secondary schools, charter schools,
22special charter districts, and school districts organized
23under Article 34 of this Code.
24(Source: P.A. 99-456, eff. 9-15-16.)
 
25    Section 95. No acceleration or delay. Where this Act makes

 

 

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1changes in a statute that is represented in this Act by text
2that is not yet or no longer in effect (for example, a Section
3represented by multiple versions), the use of that text does
4not accelerate or delay the taking effect of (i) the changes
5made by this Act or (ii) provisions derived from any other
6Public Act.
 
7    Section 99. Effective date. This Act takes effect August 1,
82016.".