Full Text of HB3600 103rd General Assembly
HB3600ham001 103RD GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 3/21/2023
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| 1 | | AMENDMENT TO HOUSE BILL 3600
| 2 | | AMENDMENT NO. ______. Amend House Bill 3600 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 10-22.6 and by adding Sections 10-22.6c and 10-22.6d as | 6 | | follows:
| 7 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 8 | | (Text of Section before amendment by P.A. 102-466 )
| 9 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 10 | | searches.
| 11 | | (a) To expel pupils guilty of gross disobedience or | 12 | | misconduct, including gross disobedience or misconduct | 13 | | perpetuated by electronic means, pursuant to subsection (b-20) | 14 | | of this Section, and
no action shall lie against them for such | 15 | | expulsion. Expulsion shall
take place only after the parents | 16 | | have been requested to appear at a
meeting of the board, or |
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| 1 | | with a hearing officer appointed by it, to
discuss their | 2 | | child's behavior. Such request shall be made by registered
or | 3 | | certified mail and shall state the time, place and purpose of | 4 | | the
meeting. The board, or a hearing officer appointed by it, | 5 | | at such
meeting shall state the reasons for dismissal and the | 6 | | date on which the
expulsion is to become effective. If a | 7 | | hearing officer is appointed by
the board, he shall report to | 8 | | the board a written summary of the evidence
heard at the | 9 | | meeting and the board may take such action thereon as it
finds | 10 | | appropriate. If the board acts to expel a pupil, the written | 11 | | expulsion decision shall detail the specific reasons why | 12 | | removing the pupil from the learning environment is in the | 13 | | best interest of the school. The expulsion decision shall also | 14 | | include a rationale as to the specific duration of the | 15 | | expulsion. An expelled pupil may be immediately transferred to | 16 | | an alternative program in the manner provided in Article 13A | 17 | | or 13B of this Code. A pupil must not be denied transfer | 18 | | because of the expulsion, except in cases in which such | 19 | | transfer is deemed to cause a threat to the safety of students | 20 | | or staff in the alternative program.
| 21 | | (b) To suspend or by policy to authorize the | 22 | | superintendent of
the district or the principal, assistant | 23 | | principal, or dean of students
of any school to suspend pupils | 24 | | guilty of gross disobedience or misconduct, or
to suspend | 25 | | pupils guilty of gross disobedience or misconduct on the | 26 | | school bus
from riding the school bus, pursuant to subsections |
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| 1 | | (b-15) and (b-20) of this Section, and no action
shall lie | 2 | | against them for such suspension. The board may by policy
| 3 | | authorize the superintendent of the district or the principal, | 4 | | assistant
principal, or dean of students of any
school to | 5 | | suspend pupils guilty of such acts for a period not to exceed
| 6 | | 10 school days. If a pupil is suspended due to gross | 7 | | disobedience or misconduct
on a school bus, the board may | 8 | | suspend the pupil in excess of 10
school
days for safety | 9 | | reasons. | 10 | | Any suspension shall be reported immediately to the
| 11 | | parents or guardian of a pupil along with a full statement of | 12 | | the
reasons for such suspension and a notice of their right to | 13 | | a review. The school board must be given a summary of the | 14 | | notice, including the reason for the suspension and the | 15 | | suspension length. Upon request of the
parents or guardian, | 16 | | the school board or a hearing officer appointed by
it shall | 17 | | review such action of the superintendent or principal, | 18 | | assistant
principal, or dean of students. At such
review, the | 19 | | parents or guardian of the pupil may appear and discuss the
| 20 | | suspension with the board or its hearing officer. If a hearing | 21 | | officer
is appointed by the board, he shall report to the board | 22 | | a written summary
of the evidence heard at the meeting. After | 23 | | its hearing or upon receipt
of the written report of its | 24 | | hearing officer, the board may take such
action as it finds | 25 | | appropriate. If a student is suspended pursuant to this | 26 | | subsection (b), the board shall, in the written suspension |
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| 1 | | decision, detail the specific act of gross disobedience or | 2 | | misconduct resulting in the decision to suspend. The | 3 | | suspension decision shall also include a rationale as to the | 4 | | specific duration of the suspension. A pupil who is suspended | 5 | | in excess of 20 school days may be immediately transferred to | 6 | | an alternative program in the manner provided in Article 13A | 7 | | or 13B of this Code. A pupil must not be denied transfer | 8 | | because of the suspension, except in cases in which such | 9 | | transfer is deemed to cause a threat to the safety of students | 10 | | or staff in the alternative program.
| 11 | | (b-5) Among the many possible disciplinary interventions | 12 | | and consequences available to school officials, school | 13 | | exclusions, such as out-of-school suspensions and expulsions, | 14 | | are the most serious. School officials shall limit the number | 15 | | and duration of expulsions and suspensions to the greatest | 16 | | extent practicable, and it is recommended that they use them | 17 | | only for legitimate educational purposes. To ensure that | 18 | | students are not excluded from school unnecessarily, it is | 19 | | recommended that school officials consider forms of | 20 | | non-exclusionary discipline prior to using out-of-school | 21 | | suspensions or expulsions. | 22 | | (b-10) Unless otherwise required by federal law or this | 23 | | Code, school boards may not institute zero-tolerance policies | 24 | | by which school administrators are required to suspend or | 25 | | expel students for particular behaviors. | 26 | | (b-15) Out-of-school suspensions of 3 days or less may be |
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| 1 | | used only if the student's continuing presence in school would | 2 | | pose a threat to school safety or a disruption to other | 3 | | students' learning opportunities. For purposes of this | 4 | | subsection (b-15), "threat to school safety or a disruption to | 5 | | other students' learning opportunities" shall be determined on | 6 | | a case-by-case basis by the school board or its designee. | 7 | | School officials shall make all reasonable efforts to resolve | 8 | | such threats, address such disruptions, and minimize the | 9 | | length of suspensions to the greatest extent practicable. | 10 | | (b-20) Unless otherwise required by this Code, | 11 | | out-of-school suspensions of longer than 3 days, expulsions, | 12 | | and disciplinary removals to alternative schools may be used | 13 | | only if other appropriate and available behavioral and | 14 | | disciplinary interventions have been exhausted and the | 15 | | student's continuing presence in school would either (i) pose | 16 | | a
threat to the safety of other students, staff, or members of
| 17 | | the school community or (ii) substantially disrupt, impede, or
| 18 | | interfere with the operation of the school. For purposes of | 19 | | this subsection (b-20), "threat to the safety of other | 20 | | students, staff, or members of the school community" and | 21 | | "substantially disrupt, impede, or interfere with the | 22 | | operation of the school" shall be determined on a case-by-case | 23 | | basis by school officials. For purposes of this subsection | 24 | | (b-20), the determination of whether "appropriate and | 25 | | available behavioral and disciplinary interventions have been | 26 | | exhausted" shall be made by school officials. School officials |
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| 1 | | shall make all reasonable efforts to resolve such threats, | 2 | | address such disruptions, and minimize the length of student | 3 | | exclusions to the greatest extent practicable. Within the | 4 | | suspension decision described in subsection (b) of this | 5 | | Section or the expulsion decision described in subsection (a) | 6 | | of this Section, it shall be documented whether other | 7 | | interventions were attempted or whether it was determined that | 8 | | there were no other appropriate and available interventions. | 9 | | (b-25) Students who are suspended out-of-school for longer | 10 | | than 4 school days shall be provided appropriate and available | 11 | | support services during the period of their suspension. For | 12 | | purposes of this subsection (b-25), "appropriate and available | 13 | | support services" shall be determined by school authorities. | 14 | | Within the suspension decision described in subsection (b) of | 15 | | this Section, it shall be documented whether such services are | 16 | | to be provided or whether it was determined that there are no | 17 | | such appropriate and available services. | 18 | | A school district may refer students who are expelled to | 19 | | appropriate and available support services. | 20 | | A school district shall create a policy to facilitate the | 21 | | re-engagement of students who are suspended out-of-school, | 22 | | expelled, or returning from an alternative school setting. | 23 | | (b-30) A school district shall create a policy by which | 24 | | suspended pupils, including those pupils suspended from the | 25 | | school bus who do not have alternate transportation to school, | 26 | | shall have the opportunity to make up work for equivalent |
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| 1 | | academic credit. It shall be the responsibility of a pupil's | 2 | | parent or guardian to notify school officials that a pupil | 3 | | suspended from the school bus does not have alternate | 4 | | transportation to school. | 5 | | (c) A school board must invite a representative from a | 6 | | local mental health agency to consult with the board at the | 7 | | meeting whenever there is evidence that mental illness may be | 8 | | the cause of a student's expulsion or suspension.
| 9 | | (c-5) School districts shall make reasonable efforts to | 10 | | provide ongoing professional development to teachers, | 11 | | administrators, school board members, school resource | 12 | | officers, and staff on the adverse consequences of school | 13 | | exclusion and justice-system involvement, effective classroom | 14 | | management strategies, culturally responsive discipline, the | 15 | | appropriate and available supportive services for the | 16 | | promotion of student attendance and engagement, and | 17 | | developmentally appropriate disciplinary methods that promote | 18 | | positive and healthy school climates. | 19 | | (d) The board may expel a student for a definite period of | 20 | | time not to
exceed 2 calendar years, as determined on a | 21 | | case-by-case basis.
A student who
is determined to have | 22 | | brought one of the following objects to school, any | 23 | | school-sponsored activity
or event, or any activity or event | 24 | | that bears a reasonable relationship to school shall be | 25 | | expelled for a period of not less than
one year: | 26 | | (1) A firearm. For the purposes of this Section, |
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| 1 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 2 | | by Section 921 of Title 18 of the United States Code, | 3 | | firearm as defined in Section 1.1 of the Firearm Owners | 4 | | Identification Card Act, or firearm as defined in Section | 5 | | 24-1 of the Criminal Code of 2012. The expulsion period | 6 | | under this subdivision (1) may be modified by the | 7 | | superintendent, and the superintendent's determination may | 8 | | be modified by the board on a case-by-case basis. | 9 | | (2) A knife, brass knuckles or other knuckle weapon | 10 | | regardless of its composition, a billy club, or any other | 11 | | object if used or attempted to be used to cause bodily | 12 | | harm, including "look alikes" of any firearm as defined in | 13 | | subdivision (1) of this subsection (d). The expulsion | 14 | | requirement under this subdivision (2) may be modified by | 15 | | the superintendent, and the superintendent's determination | 16 | | may be modified by the board on a case-by-case basis. | 17 | | Expulsion
or suspension
shall be construed in a
manner | 18 | | consistent with the federal Individuals with Disabilities | 19 | | Education
Act. A student who is subject to suspension or | 20 | | expulsion as provided in this
Section may be eligible for a | 21 | | transfer to an alternative school program in
accordance with | 22 | | Article 13A of the School Code.
| 23 | | (d-5) The board may suspend or by regulation
authorize the | 24 | | superintendent of the district or the principal, assistant
| 25 | | principal, or dean of students of any
school to suspend a | 26 | | student for a period not to exceed
10 school days or may expel |
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| 1 | | a student for a definite period of time not to
exceed 2 | 2 | | calendar years, as determined on a case-by-case basis, if (i) | 3 | | that student has been determined to have made an explicit | 4 | | threat on an Internet website against a school employee, a | 5 | | student, or any school-related personnel, (ii) the Internet | 6 | | website through which the threat was made is a site that was | 7 | | accessible within the school at the time the threat was made or | 8 | | was available to third parties who worked or studied within | 9 | | the school grounds at the time the threat was made, and (iii) | 10 | | the threat could be reasonably interpreted as threatening to | 11 | | the safety and security of the threatened individual because | 12 | | of his or her duties or employment status or status as a | 13 | | student inside the school.
| 14 | | (e) To maintain order and security in the schools, school | 15 | | authorities may
inspect and search places and areas such as | 16 | | lockers, desks, parking lots, and
other school property and | 17 | | equipment owned or controlled by the school, as well
as | 18 | | personal effects left in those places and areas by students, | 19 | | without notice
to or the consent of the student, and without a | 20 | | search warrant. As a matter of
public policy, the General | 21 | | Assembly finds that students have no reasonable
expectation of | 22 | | privacy in these places and areas or in their personal effects
| 23 | | left in these places and areas. School authorities may request | 24 | | the assistance
of law enforcement officials for the purpose of | 25 | | conducting inspections and
searches of lockers, desks, parking | 26 | | lots, and other school property and
equipment owned or |
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| 1 | | controlled by the school for illegal drugs, weapons, or
other
| 2 | | illegal or dangerous substances or materials, including | 3 | | searches conducted
through the use of specially trained dogs. | 4 | | If a search conducted in accordance
with this Section produces | 5 | | evidence that the student has violated or is
violating either | 6 | | the law, local ordinance, or the school's policies or rules,
| 7 | | such evidence may be seized by school authorities, and | 8 | | disciplinary action may
be taken. School authorities may also | 9 | | turn over such evidence to law
enforcement authorities.
| 10 | | (f) Suspension or expulsion may include suspension or | 11 | | expulsion from
school and all school activities and a | 12 | | prohibition from being present on school
grounds.
| 13 | | (g) A school district may adopt a policy providing that if | 14 | | a student
is suspended or expelled for any reason from any | 15 | | public or private school
in this or any other state, the | 16 | | student must complete the entire term of
the suspension or | 17 | | expulsion in an alternative school program under Article 13A | 18 | | of this Code or an alternative learning opportunities program | 19 | | under Article 13B of this Code before being admitted into the | 20 | | school
district if there is no threat to the safety of students | 21 | | or staff in the alternative program.
| 22 | | (h) School officials shall not advise or encourage | 23 | | students to drop out voluntarily due to behavioral or academic | 24 | | difficulties. | 25 | | (i) A student may not be issued a monetary fine or fee as a | 26 | | disciplinary consequence, though this shall not preclude |
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| 1 | | requiring a student to provide restitution for lost, stolen, | 2 | | or damaged property. | 3 | | (j) Subsections (a) through (i) of this Section shall | 4 | | apply to elementary and secondary schools, charter schools, | 5 | | special charter districts, and school districts organized | 6 | | under Article 34 of this Code. | 7 | | (k) The expulsion of children enrolled in programs funded | 8 | | under Section 1C-2 of this Code is subject to the requirements | 9 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 10 | | this Code. | 11 | | (l) (Blank). Beginning with the 2018-2019 school year, an | 12 | | in-school suspension program provided by a school district for | 13 | | any students in kindergarten through grade 12 may focus on | 14 | | promoting non-violent conflict resolution and positive | 15 | | interaction with other students and school personnel. A school | 16 | | district may employ a school social worker or a licensed | 17 | | mental health professional to oversee an in-school suspension | 18 | | program in kindergarten through grade 12. | 19 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | 20 | | 102-813, eff. 5-13-22.) | 21 | | (Text of Section after amendment by P.A. 102-466 )
| 22 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 23 | | searches.
| 24 | | (a) To expel pupils guilty of gross disobedience or | 25 | | misconduct, including gross disobedience or misconduct |
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| 1 | | perpetuated by electronic means, pursuant to subsection (b-20) | 2 | | of this Section, and
no action shall lie against them for such | 3 | | expulsion. Expulsion shall
take place only after the parents | 4 | | or guardians have been requested to appear at a
meeting of the | 5 | | board, or with a hearing officer appointed by it, to
discuss | 6 | | their child's behavior. Such request shall be made by | 7 | | registered
or certified mail and shall state the time, place | 8 | | and purpose of the
meeting. The board, or a hearing officer | 9 | | appointed by it, at such
meeting shall state the reasons for | 10 | | dismissal and the date on which the
expulsion is to become | 11 | | effective. If a hearing officer is appointed by
the board, he | 12 | | shall report to the board a written summary of the evidence
| 13 | | heard at the meeting and the board may take such action thereon | 14 | | as it
finds appropriate. If the board acts to expel a pupil, | 15 | | the written expulsion decision shall detail the specific | 16 | | reasons why removing the pupil from the learning environment | 17 | | is in the best interest of the school. The expulsion decision | 18 | | shall also include a rationale as to the specific duration of | 19 | | the expulsion. An expelled pupil may be immediately | 20 | | transferred to an alternative program in the manner provided | 21 | | in Article 13A or 13B of this Code. A pupil must not be denied | 22 | | transfer because of the expulsion, except in cases in which | 23 | | such transfer is deemed to cause a threat to the safety of | 24 | | students or staff in the alternative program.
| 25 | | (b) To suspend or by policy to authorize the | 26 | | superintendent of
the district or the principal, assistant |
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| 1 | | principal, or dean of students
of any school to suspend pupils | 2 | | guilty of gross disobedience or misconduct, or
to suspend | 3 | | pupils guilty of gross disobedience or misconduct on the | 4 | | school bus
from riding the school bus, pursuant to subsections | 5 | | (b-15) and (b-20) of this Section, and no action
shall lie | 6 | | against them for such suspension. The board may by policy
| 7 | | authorize the superintendent of the district or the principal, | 8 | | assistant
principal, or dean of students of any
school to | 9 | | suspend pupils guilty of such acts for a period not to exceed
| 10 | | 10 school days. If a pupil is suspended due to gross | 11 | | disobedience or misconduct
on a school bus, the board may | 12 | | suspend the pupil in excess of 10
school
days for safety | 13 | | reasons. | 14 | | Any suspension shall be reported immediately to the
| 15 | | parents or guardians of a pupil along with a full statement of | 16 | | the
reasons for such suspension and a notice of their right to | 17 | | a review. The school board must be given a summary of the | 18 | | notice, including the reason for the suspension and the | 19 | | suspension length. Upon request of the
parents or guardians, | 20 | | the school board or a hearing officer appointed by
it shall | 21 | | review such action of the superintendent or principal, | 22 | | assistant
principal, or dean of students. At such
review, the | 23 | | parents or guardians of the pupil may appear and discuss the
| 24 | | suspension with the board or its hearing officer. If a hearing | 25 | | officer
is appointed by the board, he shall report to the board | 26 | | a written summary
of the evidence heard at the meeting. After |
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| 1 | | its hearing or upon receipt
of the written report of its | 2 | | hearing officer, the board may take such
action as it finds | 3 | | appropriate. If a student is suspended pursuant to this | 4 | | subsection (b), the board shall, in the written suspension | 5 | | decision, detail the specific act of gross disobedience or | 6 | | misconduct resulting in the decision to suspend. The | 7 | | suspension decision shall also include a rationale as to the | 8 | | specific duration of the suspension. A pupil who is suspended | 9 | | in excess of 20 school days may be immediately transferred to | 10 | | an alternative program in the manner provided in Article 13A | 11 | | or 13B of this Code. A pupil must not be denied transfer | 12 | | because of the suspension, except in cases in which such | 13 | | transfer is deemed to cause a threat to the safety of students | 14 | | or staff in the alternative program.
| 15 | | (b-5) Among the many possible disciplinary interventions | 16 | | and consequences available to school officials, school | 17 | | exclusions, such as out-of-school suspensions and expulsions, | 18 | | are the most serious. School officials shall limit the number | 19 | | and duration of expulsions and suspensions to the greatest | 20 | | extent practicable, and it is recommended that they use them | 21 | | only for legitimate educational purposes. To ensure that | 22 | | students are not excluded from school unnecessarily, it is | 23 | | recommended that school officials consider forms of | 24 | | non-exclusionary discipline prior to using out-of-school | 25 | | suspensions or expulsions. | 26 | | (b-10) Unless otherwise required by federal law or this |
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| 1 | | Code, school boards may not institute zero-tolerance policies | 2 | | by which school administrators are required to suspend or | 3 | | expel students for particular behaviors. | 4 | | (b-15) Out-of-school suspensions of 3 days or less may be | 5 | | used only if the student's continuing presence in school would | 6 | | pose a threat to school safety or a disruption to other | 7 | | students' learning opportunities. For purposes of this | 8 | | subsection (b-15), "threat to school safety or a disruption to | 9 | | other students' learning opportunities" shall be determined on | 10 | | a case-by-case basis by the school board or its designee. | 11 | | School officials shall make all reasonable efforts to resolve | 12 | | such threats, address such disruptions, and minimize the | 13 | | length of suspensions to the greatest extent practicable. | 14 | | (b-20) Unless otherwise required by this Code, | 15 | | out-of-school suspensions of longer than 3 days, expulsions, | 16 | | and disciplinary removals to alternative schools may be used | 17 | | only if other appropriate and available behavioral and | 18 | | disciplinary interventions have been exhausted and the | 19 | | student's continuing presence in school would either (i) pose | 20 | | a
threat to the safety of other students, staff, or members of
| 21 | | the school community or (ii) substantially disrupt, impede, or
| 22 | | interfere with the operation of the school. For purposes of | 23 | | this subsection (b-20), "threat to the safety of other | 24 | | students, staff, or members of the school community" and | 25 | | "substantially disrupt, impede, or interfere with the | 26 | | operation of the school" shall be determined on a case-by-case |
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| 1 | | basis by school officials. For purposes of this subsection | 2 | | (b-20), the determination of whether "appropriate and | 3 | | available behavioral and disciplinary interventions have been | 4 | | exhausted" shall be made by school officials. School officials | 5 | | shall make all reasonable efforts to resolve such threats, | 6 | | address such disruptions, and minimize the length of student | 7 | | exclusions to the greatest extent practicable. Within the | 8 | | suspension decision described in subsection (b) of this | 9 | | Section or the expulsion decision described in subsection (a) | 10 | | of this Section, it shall be documented whether other | 11 | | interventions were attempted or whether it was determined that | 12 | | there were no other appropriate and available interventions. | 13 | | (b-25) Students who are suspended out-of-school for longer | 14 | | than 4 school days shall be provided appropriate and available | 15 | | support services during the period of their suspension. For | 16 | | purposes of this subsection (b-25), "appropriate and available | 17 | | support services" shall be determined by school authorities. | 18 | | Within the suspension decision described in subsection (b) of | 19 | | this Section, it shall be documented whether such services are | 20 | | to be provided or whether it was determined that there are no | 21 | | such appropriate and available services. | 22 | | A school district may refer students who are expelled to | 23 | | appropriate and available support services. | 24 | | A school district shall create a policy to facilitate the | 25 | | re-engagement of students who are suspended out-of-school, | 26 | | expelled, or returning from an alternative school setting. |
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| 1 | | (b-30) A school district shall create a policy by which | 2 | | suspended pupils, including those pupils suspended from the | 3 | | school bus who do not have alternate transportation to school, | 4 | | shall have the opportunity to make up work for equivalent | 5 | | academic credit. It shall be the responsibility of a pupil's | 6 | | parents or guardians to notify school officials that a pupil | 7 | | suspended from the school bus does not have alternate | 8 | | transportation to school. | 9 | | (b-35) In all suspension review hearings conducted
under | 10 | | subsection (b) or expulsion hearings conducted
under | 11 | | subsection (a), a student may disclose any factor to be | 12 | | considered in mitigation, including his or her status as
a | 13 | | parent, expectant parent, or victim of domestic or sexual | 14 | | violence, as defined in Article 26A. A representative of the
| 15 | | parent's or guardian's choice, or of the student's choice if | 16 | | emancipated, must be permitted to represent
the student | 17 | | throughout the proceedings and to address the school board or | 18 | | its appointed hearing officer. With the
approval of the | 19 | | student's parent or guardian, or of the student if | 20 | | emancipated, a support person
must be permitted to accompany | 21 | | the student to any disciplinary
hearings or proceedings. The | 22 | | representative or support person must comply with any rules of | 23 | | the school district's hearing process. If the representative | 24 | | or support person violates the rules or engages in behavior or | 25 | | advocacy that harasses, abuses, or intimidates either party, a | 26 | | witness, or anyone else in attendance at the hearing, the |
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| 1 | | representative or support person may be prohibited from | 2 | | further participation in the hearing or proceeding. A | 3 | | suspension or expulsion proceeding
under this subsection | 4 | | (b-35) must be conducted independently
from any ongoing | 5 | | criminal investigation or proceeding, and an absence of | 6 | | pending or possible criminal charges, criminal investigations, | 7 | | or proceedings may not be a factor in school
disciplinary | 8 | | decisions. | 9 | | (b-40) During a suspension review hearing conducted
under | 10 | | subsection (b) or an expulsion hearing conducted
under | 11 | | subsection (a) that involves allegations of sexual
violence by | 12 | | the student who is subject to discipline, neither
the student | 13 | | nor his or her representative shall directly
question nor have | 14 | | direct contact with the alleged victim. The
student who is | 15 | | subject to discipline or his or her
representative may, at the | 16 | | discretion and direction of the
school board or its appointed | 17 | | hearing officer, suggest
questions to be posed by the school | 18 | | board or its appointed
hearing officer to the alleged victim. | 19 | | (c) A school board must invite a representative from a | 20 | | local mental health agency to consult with the board at the | 21 | | meeting whenever there is evidence that mental illness may be | 22 | | the cause of a student's expulsion or suspension.
| 23 | | (c-5) School districts shall make reasonable efforts to | 24 | | provide ongoing professional development to teachers, | 25 | | administrators, school board members, school resource | 26 | | officers, and staff on the adverse consequences of school |
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| 1 | | exclusion and justice-system involvement, effective classroom | 2 | | management strategies, culturally responsive discipline, the | 3 | | appropriate and available supportive services for the | 4 | | promotion of student attendance and engagement, and | 5 | | developmentally appropriate disciplinary methods that promote | 6 | | positive and healthy school climates. | 7 | | (d) The board may expel a student for a definite period of | 8 | | time not to
exceed 2 calendar years, as determined on a | 9 | | case-by-case basis.
A student who
is determined to have | 10 | | brought one of the following objects to school, any | 11 | | school-sponsored activity
or event, or any activity or event | 12 | | that bears a reasonable relationship to school shall be | 13 | | expelled for a period of not less than
one year: | 14 | | (1) A firearm. For the purposes of this Section, | 15 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 16 | | by Section 921 of Title 18 of the United States Code, | 17 | | firearm as defined in Section 1.1 of the Firearm Owners | 18 | | Identification Card Act, or firearm as defined in Section | 19 | | 24-1 of the Criminal Code of 2012. The expulsion period | 20 | | under this subdivision (1) may be modified by the | 21 | | superintendent, and the superintendent's determination may | 22 | | be modified by the board on a case-by-case basis. | 23 | | (2) A knife, brass knuckles or other knuckle weapon | 24 | | regardless of its composition, a billy club, or any other | 25 | | object if used or attempted to be used to cause bodily | 26 | | harm, including "look alikes" of any firearm as defined in |
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| 1 | | subdivision (1) of this subsection (d). The expulsion | 2 | | requirement under this subdivision (2) may be modified by | 3 | | the superintendent, and the superintendent's determination | 4 | | may be modified by the board on a case-by-case basis. | 5 | | Expulsion
or suspension
shall be construed in a
manner | 6 | | consistent with the federal Individuals with Disabilities | 7 | | Education
Act. A student who is subject to suspension or | 8 | | expulsion as provided in this
Section may be eligible for a | 9 | | transfer to an alternative school program in
accordance with | 10 | | Article 13A of the School Code.
| 11 | | (d-5) The board may suspend or by regulation
authorize the | 12 | | superintendent of the district or the principal, assistant
| 13 | | principal, or dean of students of any
school to suspend a | 14 | | student for a period not to exceed
10 school days or may expel | 15 | | a student for a definite period of time not to
exceed 2 | 16 | | calendar years, as determined on a case-by-case basis, if (i) | 17 | | that student has been determined to have made an explicit | 18 | | threat on an Internet website against a school employee, a | 19 | | student, or any school-related personnel, (ii) the Internet | 20 | | website through which the threat was made is a site that was | 21 | | accessible within the school at the time the threat was made or | 22 | | was available to third parties who worked or studied within | 23 | | the school grounds at the time the threat was made, and (iii) | 24 | | the threat could be reasonably interpreted as threatening to | 25 | | the safety and security of the threatened individual because | 26 | | of his or her duties or employment status or status as a |
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| 1 | | student inside the school.
| 2 | | (e) To maintain order and security in the schools, school | 3 | | authorities may
inspect and search places and areas such as | 4 | | lockers, desks, parking lots, and
other school property and | 5 | | equipment owned or controlled by the school, as well
as | 6 | | personal effects left in those places and areas by students, | 7 | | without notice
to or the consent of the student, and without a | 8 | | search warrant. As a matter of
public policy, the General | 9 | | Assembly finds that students have no reasonable
expectation of | 10 | | privacy in these places and areas or in their personal effects
| 11 | | left in these places and areas. School authorities may request | 12 | | the assistance
of law enforcement officials for the purpose of | 13 | | conducting inspections and
searches of lockers, desks, parking | 14 | | lots, and other school property and
equipment owned or | 15 | | controlled by the school for illegal drugs, weapons, or
other
| 16 | | illegal or dangerous substances or materials, including | 17 | | searches conducted
through the use of specially trained dogs. | 18 | | If a search conducted in accordance
with this Section produces | 19 | | evidence that the student has violated or is
violating either | 20 | | the law, local ordinance, or the school's policies or rules,
| 21 | | such evidence may be seized by school authorities, and | 22 | | disciplinary action may
be taken. School authorities may also | 23 | | turn over such evidence to law
enforcement authorities.
| 24 | | (f) Suspension or expulsion may include suspension or | 25 | | expulsion from
school and all school activities and a | 26 | | prohibition from being present on school
grounds.
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| 1 | | (g) A school district may adopt a policy providing that if | 2 | | a student
is suspended or expelled for any reason from any | 3 | | public or private school
in this or any other state, the | 4 | | student must complete the entire term of
the suspension or | 5 | | expulsion in an alternative school program under Article 13A | 6 | | of this Code or an alternative learning opportunities program | 7 | | under Article 13B of this Code before being admitted into the | 8 | | school
district if there is no threat to the safety of students | 9 | | or staff in the alternative program. A school district that | 10 | | adopts a policy under this subsection (g) must include a | 11 | | provision allowing for consideration of any mitigating | 12 | | factors, including, but not limited to, a student's status as | 13 | | a parent, expectant parent, or victim of domestic or sexual | 14 | | violence, as defined in Article 26A.
| 15 | | (h) School officials shall not advise or encourage | 16 | | students to drop out voluntarily due to behavioral or academic | 17 | | difficulties. | 18 | | (i) A student may not be issued a monetary fine or fee as a | 19 | | disciplinary consequence, though this shall not preclude | 20 | | requiring a student to provide restitution for lost, stolen, | 21 | | or damaged property. | 22 | | (j) Subsections (a) through (i) of this Section shall | 23 | | apply to elementary and secondary schools, charter schools, | 24 | | special charter districts, and school districts organized | 25 | | under Article 34 of this Code. | 26 | | (k) The expulsion of children enrolled in programs funded |
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| 1 | | under Section 1C-2 of this Code is subject to the requirements | 2 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 3 | | this Code. | 4 | | (l) (Blank). Beginning with the 2018-2019 school year, an | 5 | | in-school suspension program provided by a school district for | 6 | | any students in kindergarten through grade 12 may focus on | 7 | | promoting non-violent conflict resolution and positive | 8 | | interaction with other students and school personnel. A school | 9 | | district may employ a school social worker or a licensed | 10 | | mental health professional to oversee an in-school suspension | 11 | | program in kindergarten through grade 12. | 12 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | 13 | | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | 14 | | (105 ILCS 5/10-22.6c new) | 15 | | Sec. 10-22.6c. Shortened school day or removal of student
| 16 | | from school initiated by school personnel; documentation and | 17 | | notice. | 18 | | (a) When a student's school day is reduced by school | 19 | | personnel, including when the student is sent home during the | 20 | | school day,
assigned to an in-school suspension, told not to | 21 | | come to school for non-medical reasons, or for other reasons | 22 | | that are not valid causes for absence under this Code, | 23 | | including behaviors that do not rise to the level of gross | 24 | | disobedience or misconduct, such actions by school personnel | 25 | | must be documented, and the student's parent or guardian must |
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| 1 | | be provided a notice in writing describing the action taken | 2 | | and the specific reason or reasons for the action. The | 3 | | documentation and written notice must be made part of the | 4 | | student's temporary school record pursuant to the Illinois | 5 | | School Student Records Act. | 6 | | (b) If a removal is for gross disobedience or misconduct | 7 | | the written notice must comply with Section 22.6. | 8 | | (c) A shortened school day or removal of a student with a | 9 | | disability initiated by school personnel pursuant to | 10 | | subsection
(a) shall also conform with the applicable | 11 | | provisions of the federal Individuals with Disabilities | 12 | | Education Act, 20 U.S.C. 1400 et seq.; Section 504 of the | 13 | | federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.; | 14 | | Article 14 of this Code; and any other applicable federal or | 15 | | State rules, including, but not limited to, 34 CFR 300.530 | 16 | | through 300.536. | 17 | | (d) The written notice to the parents or guardian of a | 18 | | student with a disability provided under subsection (a) must | 19 | | inform
the parents or guardian of the school district's | 20 | | responsibility to convene a meeting of the student's IEP team | 21 | | or Section 504 plan team to review the student's behavioral | 22 | | intervention plan or to develop such a plan, and of the | 23 | | parent's right to request such a meeting, if the cumulative | 24 | | number of days of removal of the student exceeds 10 in a school | 25 | | year. |
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| 1 | | (105 ILCS 5/10-22.6d new) | 2 | | Sec. 10-22.6d. In-school suspension. | 3 | | (a) In this Section, "in-school suspension" means the | 4 | | temporary removal of a student from the student'-s regular | 5 | | classroom initiated by school personnel for disciplinary | 6 | | purposes while the student remains under the direct | 7 | | supervision of school personnel. | 8 | | (b) A school board shall authorize a superintendent of the | 9 | | district or the principal, assistant principal, or dean of | 10 | | students of any school to assign students guilty of gross | 11 | | disobedience or misconduct to in-school suspension, and no | 12 | | action shall lie against them for the in-school suspension. | 13 | | (c) Before assigning a student to in-school suspension, | 14 | | the charges shall be explained to the student, and the student | 15 | | shall be given an opportunity to respond to the charges. | 16 | | (d) Students shall be given the opportunity to complete | 17 | | classroom work during the in-school suspension for equivalent | 18 | | academic credit. An in-school suspension program provided by a | 19 | | school district for any students in kindergarten through grade | 20 | | 12 may focus on promoting non-violent conflict resolution and | 21 | | positive interaction with other students and school personnel. | 22 | | A school district may employ a school social worker or a | 23 | | licensed mental health professional to oversee an in-school | 24 | | suspension program in kindergarten through grade 12. | 25 | | (e) The parents or guardians of a student shall be | 26 | | provided with written notice of any in-school suspension, |
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| 1 | | along with a full statement of the reasons for such in-school | 2 | | suspension. If the student is a student with a disability, the | 3 | | written notice shall also state whether the student will | 4 | | receive the instruction and services specified in the | 5 | | student's individualized educational program during the | 6 | | in-school suspension. | 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act.
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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