Illinois General Assembly - Full Text of SB3466
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Full Text of SB3466  100th General Assembly


Sen. Kimberly A. Lightford

Filed: 4/12/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 3466 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Sections
510-22.6, 26-2a, and 26-12 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, including gross disobedience or misconduct
11perpetuated by electronic means, pursuant to subsection (b-20)
12of this Section, and no action shall lie against them for such
13expulsion. Expulsion shall take place only after the parents
14have been requested to appear at a meeting of the board, or
15with a hearing officer appointed by it, to discuss their
16child's behavior. Such request shall be made by registered or



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1certified mail and shall state the time, place and purpose of
2the meeting. The board, or a hearing officer appointed by it,
3at such meeting shall state the reasons for dismissal and the
4date on which the expulsion is to become effective. If a
5hearing officer is appointed by the board, he shall report to
6the board a written summary of the evidence heard at the
7meeting and the board may take such action thereon as it finds
8appropriate. If the board acts to expel a pupil, the written
9expulsion decision shall detail the specific reasons why
10removing the pupil from the learning environment is in the best
11interest of the school. The expulsion decision shall also
12include a rationale as to the specific duration of the
13expulsion. An expelled pupil may be immediately transferred to
14an alternative program in the manner provided in Article 13A or
1513B of this Code. A pupil must not be denied transfer because
16of the expulsion, except in cases in which such transfer is
17deemed to cause a threat to the safety of students or staff in
18the alternative program.
19    (b) To suspend or by policy to authorize the superintendent
20of the district or the principal, assistant principal, or dean
21of students of any school to suspend pupils guilty of gross
22disobedience or misconduct, or to suspend pupils guilty of
23gross disobedience or misconduct on the school bus from riding
24the school bus, pursuant to subsections (b-15) and (b-20) of
25this Section, and no action shall lie against them for such
26suspension. The board may by policy authorize the



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1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend pupils
3guilty of such acts for a period not to exceed 10 school days.
4If a pupil is suspended due to gross disobedience or misconduct
5on a school bus, the board may suspend the pupil in excess of
610 school days for safety reasons.
7    Any suspension shall be reported immediately to the parents
8or guardian of a pupil along with a full statement of the
9reasons for such suspension and a notice of their right to a
10review. The school board must be given a summary of the notice,
11including the reason for the suspension and the suspension
12length. Upon request of the parents or guardian, the school
13board or a hearing officer appointed by it shall review such
14action of the superintendent or principal, assistant
15principal, or dean of students. At such review, the parents or
16guardian of the pupil may appear and discuss the suspension
17with the board or its hearing officer. If a hearing officer is
18appointed by the board, he shall report to the board a written
19summary of the evidence heard at the meeting. After its hearing
20or upon receipt of the written report of its hearing officer,
21the board may take such action as it finds appropriate. If a
22student is suspended pursuant to this subsection (b), the board
23shall, in the written suspension decision, detail the specific
24act of gross disobedience or misconduct resulting in the
25decision to suspend. The suspension decision shall also include
26a rationale as to the specific duration of the suspension. A



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1pupil who is suspended in excess of 20 school days 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 suspension, except in cases
5in which such transfer is deemed to cause a threat to the
6safety of students or staff in the alternative program.
7    (b-5) Among the many possible disciplinary interventions
8and consequences available to school officials, school
9exclusions, such as out-of-school suspensions and expulsions,
10are the most serious. School officials shall limit the number
11and duration of expulsions and suspensions to the greatest
12extent practicable, and it is recommended that they use them
13only for legitimate educational purposes. To ensure that
14students are not excluded from school unnecessarily, it is
15recommended that school officials consider forms of
16non-exclusionary discipline prior to using out-of-school
17suspensions or expulsions.
18    (b-10) Unless otherwise required by federal law or this
19Code, school boards may not institute zero-tolerance policies
20by which school administrators are required to suspend or expel
21students for particular behaviors.
22    (b-15) Out-of-school suspensions of 3 days or less may be
23used only if the student's continuing presence in school would
24pose a threat to school safety or a disruption to other
25students' learning opportunities. For purposes of this
26subsection (b-15), "threat to school safety or a disruption to



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1other students' learning opportunities" shall be determined on
2a case-by-case basis by the school board or its designee.
3School officials shall make all reasonable efforts to resolve
4such threats, address such disruptions, and minimize the length
5of suspensions to the greatest extent practicable.
6    (b-20) Unless otherwise required by this Code,
7out-of-school suspensions of longer than 3 days, expulsions,
8and disciplinary removals to alternative schools may be used
9only if other appropriate and available behavioral and
10disciplinary interventions have been exhausted and the
11student's continuing presence in school would either (i) pose a
12threat to the safety of other students, staff, or members of
13the school community or (ii) substantially disrupt, impede, or
14interfere with the operation of the school. For purposes of
15this subsection (b-20), "threat to the safety of other
16students, staff, or members of the school community" and
17"substantially disrupt, impede, or interfere with the
18operation of the school" shall be determined on a case-by-case
19basis by school officials. For purposes of this subsection
20(b-20), the determination of whether "appropriate and
21available behavioral and disciplinary interventions have been
22exhausted" shall be made by school officials. School officials
23shall make all reasonable efforts to resolve such threats,
24address such disruptions, and minimize the length of student
25exclusions to the greatest extent practicable. Within the
26suspension decision described in subsection (b) of this Section



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1or the expulsion decision described in subsection (a) of this
2Section, it shall be documented whether other interventions
3were attempted or whether it was determined that there were no
4other appropriate and available interventions.
5    (b-25) Students who are suspended out-of-school for longer
6than 4 school days shall be provided appropriate and available
7support services during the period of their suspension. For
8purposes of this subsection (b-25), "appropriate and available
9support services" shall be determined by school authorities.
10Within the suspension decision described in subsection (b) of
11this Section, it shall be documented whether such services are
12to be provided or whether it was determined that there are no
13such appropriate and available services.
14    A school district may refer students who are expelled to
15appropriate and available support services.
16    A school district shall create a policy to facilitate the
17re-engagement of students who are suspended out-of-school,
18expelled, or returning from an alternative school setting.
19    (b-30) A school district shall create a policy by which
20suspended pupils, including those pupils suspended from the
21school bus who do not have alternate transportation to school,
22shall have the opportunity to make up work for equivalent
23academic credit. It shall be the responsibility of a pupil's
24parent or guardian to notify school officials that a pupil
25suspended from the school bus does not have alternate
26transportation to school.



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1    (c) The Department of Human Services shall be invited to
2send a representative to consult with the board at such meeting
3whenever there is evidence that mental illness may be the cause
4for expulsion or suspension.
5    (c-5) School districts shall make reasonable efforts to
6provide ongoing professional development to teachers,
7administrators, school board members, school resource
8officers, and staff on the adverse consequences of school
9exclusion and justice-system involvement, effective classroom
10management strategies, culturally responsive discipline, the
11appropriate and available supportive services for the
12promotion of student attendance and engagement, and
13developmentally appropriate disciplinary methods that promote
14positive and healthy school climates.
15    (d) The board may expel a student for a definite period of
16time not to exceed 2 calendar years, as determined on a
17case-by-case case by case basis. A student who is determined to
18have brought one of the following objects to school, any
19school-sponsored activity or event, or any activity or event
20that bears a reasonable relationship to school shall be
21expelled for a period of not less than one year:
22        (1) A firearm. For the purposes of this Section,
23    "firearm" means any gun, rifle, shotgun, weapon as defined
24    by Section 921 of Title 18 of the United States Code,
25    firearm as defined in Section 1.1 of the Firearm Owners
26    Identification Card Act, or firearm as defined in Section



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1    24-1 of the Criminal Code of 2012. The expulsion period
2    under this subdivision (1) may be modified by the
3    superintendent, and the superintendent's determination may
4    be modified by the board on a case-by-case basis.
5        (2) A knife, brass knuckles or other knuckle weapon
6    regardless of its composition, a billy club, or any other
7    object if used or attempted to be used to cause bodily
8    harm, including "look alikes" of any firearm as defined in
9    subdivision (1) of this subsection (d). The expulsion
10    requirement under this subdivision (2) may be modified by
11    the superintendent, and the superintendent's determination
12    may be modified by the board on a case-by-case basis.
13Expulsion or suspension shall be construed in a manner
14consistent with the Federal Individuals with Disabilities
15Education Act. A student who is subject to suspension or
16expulsion as provided in this Section may be eligible for a
17transfer to an alternative school program in accordance with
18Article 13A of the School Code.
19    (d-5) The board may suspend or by regulation authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend a
22student for a period not to exceed 10 school days or may expel
23a student for a definite period of time not to exceed 2
24calendar years, as determined on a case-by-case case by case
25basis, if (i) that student has been determined to have made an
26explicit threat on an Internet website against a school



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1employee, a student, or any school-related personnel, (ii) the
2Internet website through which the threat was made is a site
3that was accessible within the school at the time the threat
4was made or was available to third parties who worked or
5studied within the school grounds at the time the threat was
6made, and (iii) the threat could be reasonably interpreted as
7threatening to the safety and security of the threatened
8individual because of his or her duties or employment status or
9status as a student inside the school.
10    (e) To maintain order and security in the schools, school
11authorities may inspect and search places and areas such as
12lockers, desks, parking lots, and other school property and
13equipment owned or controlled by the school, as well as
14personal effects left in those places and areas by students,
15without notice to or the consent of the student, and without a
16search warrant. As a matter of public policy, the General
17Assembly finds that students have no reasonable expectation of
18privacy in these places and areas or in their personal effects
19left in these places and areas. School authorities may request
20the assistance of law enforcement officials for the purpose of
21conducting inspections and searches of lockers, desks, parking
22lots, and other school property and equipment owned or
23controlled by the school for illegal drugs, weapons, or other
24illegal or dangerous substances or materials, including
25searches conducted through the use of specially trained dogs.
26If a search conducted in accordance with this Section produces



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1evidence that the student has violated or is violating either
2the law, local ordinance, or the school's policies or rules,
3such evidence may be seized by school authorities, and
4disciplinary action may be taken. School authorities may also
5turn over such evidence to law enforcement authorities.
6    (f) Suspension or expulsion may include suspension or
7expulsion from school and all school activities and a
8prohibition from being present on school grounds.
9    (g) A school district may adopt a policy providing that if
10a student is suspended or expelled for any reason from any
11public or private school in this or any other state, the
12student must complete the entire term of the suspension or
13expulsion in an alternative school program under Article 13A of
14this Code or an alternative learning opportunities program
15under Article 13B of this Code before being admitted into the
16school district if there is no threat to the safety of students
17or staff in the alternative program.
18    (h) School officials shall not advise or encourage students
19to drop out voluntarily due to behavioral or academic
21    (i) A student may not be issued a monetary fine or fee as a
22disciplinary consequence, though this shall not preclude
23requiring a student to provide restitution for lost, stolen, or
24damaged property.
25    (j) Subsections (a) through (i) of this Section shall apply
26to elementary and secondary schools, charter schools, special



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1charter districts, and school districts organized under
2Article 34 of this Code.
3    (k) The expulsion of children enrolled in programs funded
4under Section 1C-2 of this Code is subject to the requirements
5under paragraph (7) of subsection (a) of Section 2-3.71 of this
7(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
8revised 1-22-18.)
9    (105 ILCS 5/26-2a)  (from Ch. 122, par. 26-2a)
10    Sec. 26-2a. A "truant" is defined as a child subject to
11compulsory school attendance and who is absent without valid
12cause from such attendance for a school day or portion thereof.
13    "Valid cause" for absence shall be illness, observance of a
14religious holiday, death in the immediate family, family
15emergency, and shall include such other situations beyond the
16control of the student as determined by the board of education
17in each district, or such other circumstances which cause
18reasonable concern to the parent for the mental, emotional, or
19physical safety or health or safety of the student.
20    "Chronic or habitual truant" shall be defined as a child
21who is subject to compulsory school attendance and who is
22absent without valid cause from such attendance for 5% or more
23of the previous 180 regular attendance days.
24    "Truant minor" is defined as a chronic truant to whom
25supportive services, including prevention, diagnostic,



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1intervention and remedial services, alternative programs and
2other school and community resources have been provided and
3have failed to result in the cessation of chronic truancy, or
4have been offered and refused.
5    A "dropout" is defined as any child enrolled in grades 9
6through 12 whose name has been removed from the district
7enrollment roster for any reason other than the student's
8death, extended illness, removal for medical non-compliance,
9expulsion, aging out, graduation, or completion of a program of
10studies and who has not transferred to another public or
11private school and is not known to be home-schooled by his or
12her parents or guardians or continuing school in another
14    "Religion" for the purposes of this Article, includes all
15aspects of religious observance and practice, as well as
17(Source: P.A. 96-1423, eff. 8-3-10; 97-218, eff. 7-28-11.)
18    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
19    Sec. 26-12. Punitive action.
20    (a) No punitive action, including out of school
21suspensions, expulsions or court action, shall be taken against
22chronic truants for such truancy unless appropriate and
23available supportive services and other school resources have
24been provided to the student.
25    (b) A school district may not refer a truant, chronic



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1truant, or truant minor to any other local public entity, as
2defined under Section 1-206 of the Local Governmental and
3Governmental Employees Tort Immunity Act, for that local public
4entity to issue the child a fine or a fee as punishment for his
5or her truancy.
6    (c) A school district may refer any person having custody
7or control of a truant, chronic truant, or truant minor to any
8other local public entity, as defined under Section 1-206 of
9the Local Governmental and Governmental Employees Tort
10Immunity Act, for that local public entity to issue the person
11a fine or fee for the child's truancy only if the school
12district's truant officer, regional office of education, or
13intermediate service center has been notified of the truant
14behavior and the school district, regional office of education,
15or intermediate service center has offered all appropriate and
16available supportive services and other school resources to the
17child. Before a school district may refer a person having
18custody or control of a child to a municipality, as defined
19under Section 1-1-2 of the Illinois Municipal Code, the school
20district must provide the following appropriate and available
22        (1) For any child who is a homeless child, as defined
23    under Section 1-5 of the Education for Homeless Children
24    Act, a meeting between the child, the person having custody
25    or control of the child, relevant school personnel, and a
26    homeless liaison to discuss any barriers to the child's



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1    attendance due to the child's transitional living
2    situation and to construct a plan that removes these
3    barriers.
4        (2) For any child with a documented disability, a
5    meeting between the child, the person having custody or
6    control of the child, and relevant school personnel to
7    review the child's current needs and address the
8    appropriateness of the child's placement and services. For
9    any child subject to Article 14 of this Code, this meeting
10    shall be an individualized education program meeting and
11    shall include relevant members of the individualized
12    education program team. For any child with a disability
13    under Section 504 of the federal Rehabilitation Act of 1973
14    (29 U.S.C. 794), this meeting shall be a Section 504 plan
15    review and include relevant members of the Section 504 plan
16    team.
17        (3) For any child currently being evaluated by a school
18    district for a disability or for whom the school has a
19    basis of knowledge that the child is a child with a
20    disability under 20 U.S.C. 1415(k)(5), the completion of
21    the evaluation and determination of the child's
22    eligibility for special education services.
23    (d) Before a school district may refer a person having
24custody or control of a child to a local public entity under
25this Section, the school district must document any appropriate
26and available supportive services offered to the child. In the



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1event a meeting under this Section does not occur, a school
2district must have documentation that it made reasonable
3efforts to convene the meeting at a mutually convenient time
4and date for the school district and the person having custody
5or control of the child and, but for the conduct of that
6person, the meeting would have occurred.
7(Source: P.A. 85-234.)".