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Full Text of SB1400  103rd General Assembly

SB1400sam003 103RD GENERAL ASSEMBLY

Sen. Kimberly A. Lightford

Filed: 5/8/2024

 

 


 

 


 
10300SB1400sam003LRB103 25975 RJT 72671 a

1
AMENDMENT TO SENATE BILL 1400

2    AMENDMENT NO. ______. Amend Senate Bill 1400 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-20.14 and 10-22.6 as follows:
 
6    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
7    Sec. 10-20.14. Student discipline policies; parent-teacher
8advisory committee.
9    (a) To establish and maintain a parent-teacher advisory
10committee to develop with the school board or governing body
11of a charter school policy guidelines on student pupil
12discipline, including school searches and bullying prevention
13as set forth in Section 27-23.7 of this Code. School
14authorities shall furnish a copy of the policy to the parents
15or guardian of each student pupil within 15 days after the
16beginning of the school year, or within 15 days after starting

 

 

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1classes for a student pupil who transfers into the district
2during the school year, and the school board or governing body
3of a charter school shall require that a school inform its
4students pupils of the contents of the policy. School boards
5and the governing bodies of charter schools, along with the
6parent-teacher advisory committee, must annually review their
7student pupil discipline policies and , the implementation of
8those policies, and any other factors related to the safety of
9their schools, students pupils, and school personnel staff.
10    (a-5) On or before September 15, 2016, each elementary and
11secondary school and charter school shall, at a minimum, adopt
12student pupil discipline policies that fulfill the
13requirements set forth in this Section, subsections (a) and
14(b) of Section 10-22.6 of this Code, Section 34-19 of this Code
15if applicable, and federal and State laws that provide special
16requirements for the discipline of students with disabilities.
17    (b) The parent-teacher advisory committee in cooperation
18with local law enforcement agencies shall develop, with the
19school board, policy guideline procedures to establish and
20maintain a reciprocal reporting system between the school
21district and local law enforcement agencies regarding criminal
22offenses committed by students. School districts are
23encouraged to create memoranda of understanding with local law
24enforcement agencies that clearly define law enforcement's
25role in schools, in accordance with Section 10-22.6 of this
26Code. In consultation with stakeholders deemed appropriate by

 

 

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1the State Board of Education, the State Board of Education
2shall draft and publish guidance for the development of
3reciprocal reporting systems in accordance with this Section
4on or before July 1, 2025.
5    (c) The parent-teacher advisory committee, in cooperation
6with school bus personnel, shall develop, with the school
7board, policy guideline procedures to establish and maintain
8school bus safety procedures. These procedures shall be
9incorporated into the district's student pupil discipline
10policy. In consultation with stakeholders deemed appropriate
11by the State Board of Education, the State Board of Education
12shall draft and publish guidance for school bus safety
13procedures in accordance with this Section on or before July
141, 2025.
15    (d) As used in this subsection (d), "evidence-based
16intervention" means intervention that has demonstrated a
17statistically significant effect on improving student outcomes
18as documented in peer-reviewed scholarly journals.
19    The school board, in consultation with the parent-teacher
20advisory committee and other community-based organizations,
21must include provisions in the student discipline policy to
22address students who have demonstrated behaviors that put them
23at risk for aggressive behavior, including without limitation
24bullying, as defined in the policy. These provisions must
25include procedures for notifying parents or legal guardians
26and early intervention procedures based upon available

 

 

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1community-based and district resources.
2    In consultation with behavioral health experts, the State
3Board of Education shall draft and publish guidance for
4evidence-based intervention procedures, including examples, in
5accordance with this Section on or before July 1, 2025.
6(Source: P.A. 99-456, eff. 9-15-16.)
 
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 students pupils;
10school searches.
11    (a) To expel students pupils guilty of gross disobedience
12or misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16have been requested to appear at a meeting of the board, or
17with a hearing officer appointed by it, to discuss their
18child's behavior. Such request shall be made by registered or
19certified mail and shall state the time, place and purpose of
20the meeting. The board, or a hearing officer appointed by it,
21at such meeting shall state the reasons for dismissal and the
22date on which the expulsion is to become effective. If a
23hearing officer is appointed by the board, the hearing officer
24he shall report to the board a written summary of the evidence
25heard at the meeting and the board may take such action thereon

 

 

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

 

 

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1pupil in excess of 10 school days for safety reasons.
2    Any suspension shall be reported immediately to the
3parents or guardian of a student pupil along with a full
4statement of the reasons for such suspension and a notice of
5their right to a review. The school board must be given a
6summary of the notice, including the reason for the suspension
7and the suspension length. Upon request of the parents or
8guardian, the school board or a hearing officer appointed by
9it shall review such action of the superintendent or
10principal, assistant principal, or dean of students. At such
11review, the parents or guardian of the student pupil may
12appear and discuss the suspension with the board or its
13hearing officer. If a hearing officer is appointed by the
14board, he shall report to the board a written summary of the
15evidence heard at the meeting. After its hearing or upon
16receipt of the written report of its hearing officer, the
17board may take such action as it finds appropriate. If a
18student is suspended pursuant to this subsection (b), the
19board shall, in the written suspension decision, detail the
20specific act of gross disobedience or misconduct resulting in
21the decision to suspend. The suspension decision shall also
22include a rationale as to the specific duration of the
23suspension. A pupil who is suspended in excess of 20 school
24days may be immediately transferred to an alternative program
25in the manner provided in Article 13A or 13B of this Code. A
26pupil must not be denied transfer because of the suspension,

 

 

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1except in cases in which such transfer is deemed to cause a
2threat to the safety of students or staff in the alternative
3program.
4    (b-5) Among the many possible disciplinary interventions
5and consequences available to school officials, school
6exclusions, such as out-of-school suspensions and expulsions,
7are the most serious. School officials shall limit the number
8and duration of expulsions and suspensions to the greatest
9extent practicable, and it is recommended that they use them
10only for legitimate educational purposes. To ensure that
11students are not excluded from school unnecessarily, it is
12recommended that school officials consider forms of
13non-exclusionary discipline prior to using out-of-school
14suspensions or expulsions.
15    (b-10) Unless otherwise required by federal law or this
16Code, school boards may not institute zero-tolerance policies
17by which school administrators are required to suspend or
18expel students for particular behaviors.
19    (b-15) Out-of-school suspensions of 3 days or less may be
20used only if the student's continuing presence in school would
21pose a threat to school safety or a disruption to other
22students' learning opportunities. For purposes of this
23subsection (b-15), "threat to school safety or a disruption to
24other students' learning opportunities" shall be determined on
25a case-by-case basis by the school board or its designee.
26School officials shall make all reasonable efforts to resolve

 

 

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

 

 

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1there were no other appropriate and available interventions.
2    (b-25) Students who are suspended out-of-school for longer
3than 3 4 school days shall be provided appropriate and
4available support services during the period of their
5suspension. For purposes of this subsection (b-25),
6"appropriate and available support services" shall be
7determined by school authorities. Within the suspension
8decision described in subsection (b) of this Section, it shall
9be documented whether such services are to be provided or
10whether it was determined that there are no such appropriate
11and available services.
12    A school district may refer students who are expelled to
13appropriate and available support services.
14    A school district shall create a policy to facilitate the
15re-engagement of students who are suspended out-of-school,
16expelled, or returning from an alternative school setting. In
17consultation with stakeholders deemed appropriate by the State
18Board of Education, the State Board of Education shall draft
19and publish guidance for the re-engagement of students who are
20suspended out-of-school, expelled, or returning from an
21alternative school setting in accordance with this Section and
22Section 13A-4 on or before July 1, 2025.
23    (b-30) A school district shall create a policy by which
24suspended students pupils, including those students pupils
25suspended from the school bus who do not have alternate
26transportation to school, shall have the opportunity to make

 

 

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1up work for equivalent academic credit. It shall be the
2responsibility of a student's pupil's parent or guardian to
3notify school officials that a student pupil suspended from
4the school bus does not have alternate transportation to
5school.
6    (c) A school board must invite a representative from a
7local mental health agency to consult with the board at the
8meeting whenever there is evidence that mental illness may be
9the cause of a student's expulsion or suspension.
10    (c-5) School districts shall make reasonable efforts to
11provide ongoing professional development to all school
12personnel teachers, administrators, school board members, and
13school resource officers, and staff on the requirements of
14this Section and Section 10-20.14, the adverse consequences of
15school exclusion and justice-system involvement, effective
16classroom management strategies, culturally responsive
17discipline, trauma-responsive learning environments, as
18defined in subsection (b) of Section 3-11, the appropriate and
19available supportive services for the promotion of student
20attendance and engagement, and developmentally appropriate
21disciplinary methods that promote positive and healthy school
22climates.
23    (d) The board may expel a student for a definite period of
24time not to exceed 2 calendar years, as determined on a
25case-by-case basis. A student who is determined to have
26brought one of the following objects to school, any

 

 

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

 

 

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1    (d-5) The board may suspend or by regulation authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend a
4student for a period not to exceed 10 school days or may expel
5a student for a definite period of time not to exceed 2
6calendar years, as determined on a case-by-case basis, if (i)
7that student has been determined to have made an explicit
8threat on an Internet website against a school employee, a
9student, or any school-related personnel, (ii) the Internet
10website through which the threat was made is a site that was
11accessible within the school at the time the threat was made or
12was available to third parties who worked or studied within
13the school grounds at the time the threat was made, and (iii)
14the threat could be reasonably interpreted as threatening to
15the safety and security of the threatened individual because
16of the individual's his or her duties or employment status or
17status as a student inside the school.
18    (e) To maintain order and security in the schools, school
19authorities may inspect and search places and areas such as
20lockers, desks, parking lots, and other school property and
21equipment owned or controlled by the school, as well as
22personal effects left in those places and areas by students,
23without notice to or the consent of the student, and without a
24search warrant. As a matter of public policy, the General
25Assembly finds that students have no reasonable expectation of
26privacy in these places and areas or in their personal effects

 

 

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1left in these places and areas. School authorities may request
2the assistance of law enforcement officials for the purpose of
3conducting inspections and searches of lockers, desks, parking
4lots, and other school property and equipment owned or
5controlled by the school for illegal drugs, weapons, or other
6illegal or dangerous substances or materials, including
7searches conducted through the use of specially trained dogs.
8If a search conducted in accordance with this Section produces
9evidence that the student has violated or is violating either
10the law, local ordinance, or the school's policies or rules,
11such evidence may be seized by school authorities, and
12disciplinary action may be taken. School authorities may also
13turn over such evidence to law enforcement authorities.
14    (f) Suspension or expulsion may include suspension or
15expulsion from school and all school activities and a
16prohibition from being present on school grounds.
17    (g) A school district may adopt a policy providing that if
18a student is suspended or expelled for any reason from any
19public or private school in this or any other state, the
20student must complete the entire term of the suspension or
21expulsion in an alternative school program under Article 13A
22of this Code or an alternative learning opportunities program
23under Article 13B of this Code before being admitted into the
24school district if there is no threat to the safety of students
25or staff in the alternative program.
26    (h) School officials shall not advise or encourage

 

 

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1students to drop out voluntarily due to behavioral or academic
2difficulties.
3    (i) A student may not be issued a monetary fine or fee as a
4disciplinary consequence, though this shall not preclude
5requiring a student to provide restitution for lost, stolen,
6or damaged property.
7    (j) Subsections (a) through (i) of this Section shall
8apply to elementary and secondary schools, charter schools,
9special charter districts, and school districts organized
10under Article 34 of this Code.
11    (k) The expulsion of students children enrolled in
12programs funded under Section 1C-2 of this Code is subject to
13the requirements under paragraph (7) of subsection (a) of
14Section 2-3.71 of this Code.
15    (l) An Beginning with the 2018-2019 school year, an
16in-school suspension program provided by a school district for
17any students in kindergarten through grade 12 may focus on
18promoting non-violent conflict resolution and positive
19interaction with other students and school personnel. A school
20district may employ a school social worker or a licensed
21mental health professional to oversee an in-school suspension
22program in kindergarten through grade 12.
23(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
24102-813, eff. 5-13-22.)
 
25    (Text of Section after amendment by P.A. 102-466)

 

 

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1    Sec. 10-22.6. Suspension or expulsion of students pupils;
2school searches.
3    (a) To expel students pupils guilty of gross disobedience
4or misconduct, including gross disobedience or misconduct
5perpetuated by electronic means, pursuant to subsection (b-20)
6of this Section, and no action shall lie against them for such
7expulsion. Expulsion shall take place only after the parents
8or guardians have been requested to appear at a meeting of the
9board, or with a hearing officer appointed by it, to discuss
10their child's behavior. Such request shall be made by
11registered or certified mail and shall state the time, place
12and purpose of the meeting. The board, or a hearing officer
13appointed by it, at such meeting shall state the reasons for
14dismissal and the date on which the expulsion is to become
15effective. If a hearing officer is appointed by the board, the
16hearing officer he shall report to the board a written summary
17of the evidence heard at the meeting and the board may take
18such action thereon as it finds appropriate. If the board acts
19to expel a student pupil, the written expulsion decision shall
20detail the specific reasons why removing the student pupil
21from the learning environment is in the best interest of the
22school. The expulsion decision shall also include a rationale
23as to the specific duration of the expulsion. An expelled
24student pupil may be immediately transferred to an alternative
25program in the manner provided in Article 13A or 13B of this
26Code. A student pupil must not be denied transfer because of

 

 

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1the expulsion, except in cases in which such transfer is
2deemed to cause a threat to the safety of students or staff in
3the alternative program.
4    (b) To suspend or by policy to authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend
7students pupils guilty of gross disobedience or misconduct, or
8to suspend students pupils guilty of gross disobedience or
9misconduct on the school bus from riding the school bus,
10pursuant to subsections (b-15) and (b-20) of this Section, and
11no action shall lie against them for such suspension. The
12board may by policy authorize the superintendent of the
13district or the principal, assistant principal, or dean of
14students of any school to suspend students pupils guilty of
15such acts for a period not to exceed 10 school days. If a
16student pupil is suspended due to gross disobedience or
17misconduct on a school bus, the board may suspend the student
18pupil in excess of 10 school days for safety reasons.
19    Any suspension shall be reported immediately to the
20parents or guardians of a student pupil along with a full
21statement of the reasons for such suspension and a notice of
22their right to a review. The school board must be given a
23summary of the notice, including the reason for the suspension
24and the suspension length. Upon request of the parents or
25guardians, the school board or a hearing officer appointed by
26it shall review such action of the superintendent or

 

 

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1principal, assistant principal, or dean of students. At such
2review, the parents or guardians of the student pupil may
3appear and discuss the suspension with the board or its
4hearing officer. If a hearing officer is appointed by the
5board, he shall report to the board a written summary of the
6evidence heard at the meeting. After its hearing or upon
7receipt of the written report of its hearing officer, the
8board may take such action as it finds appropriate. If a
9student is suspended pursuant to this subsection (b), the
10board shall, in the written suspension decision, detail the
11specific act of gross disobedience or misconduct resulting in
12the decision to suspend. The suspension decision shall also
13include a rationale as to the specific duration of the
14suspension. A pupil who is suspended in excess of 20 school
15days may be immediately transferred to an alternative program
16in the manner provided in Article 13A or 13B of this Code. A
17pupil must not be denied transfer because of the suspension,
18except in cases in which such transfer is deemed to cause a
19threat to the safety of students or staff in the alternative
20program.
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
9expel students 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
19length of 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
26a threat 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
15Section or the expulsion decision described in subsection (a)
16of this Section, it shall be documented whether other
17interventions were attempted or whether it was determined that
18there were no other appropriate and available interventions.
19    (b-25) Students who are suspended out-of-school for longer
20than 3 4 school days shall be provided appropriate and
21available support services during the period of their
22suspension. For purposes of this subsection (b-25),
23"appropriate and available support services" shall be
24determined by school authorities. Within the suspension
25decision described in subsection (b) of this Section, it shall
26be documented whether such services are to be provided or

 

 

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1whether it was determined that there are no such appropriate
2and available services.
3    A school district may refer students who are expelled to
4appropriate and available support services.
5    A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting. In
8consultation with stakeholders deemed appropriate by the State
9Board of Education, the State Board of Education shall draft
10and publish guidance for the re-engagement of students who are
11suspended out-of-school, expelled, or returning from an
12alternative school setting in accordance with this Section and
13Section 13A-4 on or before July 1, 2025.
14    (b-30) A school district shall create a policy by which
15suspended students pupils, including those students pupils
16suspended from the school bus who do not have alternate
17transportation to school, shall have the opportunity to make
18up work for equivalent academic credit. It shall be the
19responsibility of a student's pupil's parents or guardians to
20notify school officials that a student pupil suspended from
21the school bus does not have alternate transportation to
22school.
23    (b-35) In all suspension review hearings conducted under
24subsection (b) or expulsion hearings conducted under
25subsection (a), a student may disclose any factor to be
26considered in mitigation, including his or her status as a

 

 

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1parent, expectant parent, or victim of domestic or sexual
2violence, as defined in Article 26A. A representative of the
3parent's or guardian's choice, or of the student's choice if
4emancipated, must be permitted to represent the student
5throughout the proceedings and to address the school board or
6its appointed hearing officer. With the approval of the
7student's parent or guardian, or of the student if
8emancipated, a support person must be permitted to accompany
9the student to any disciplinary hearings or proceedings. The
10representative or support person must comply with any rules of
11the school district's hearing process. If the representative
12or support person violates the rules or engages in behavior or
13advocacy that harasses, abuses, or intimidates either party, a
14witness, or anyone else in attendance at the hearing, the
15representative or support person may be prohibited from
16further participation in the hearing or proceeding. A
17suspension or expulsion proceeding under this subsection
18(b-35) must be conducted independently from any ongoing
19criminal investigation or proceeding, and an absence of
20pending or possible criminal charges, criminal investigations,
21or proceedings may not be a factor in school disciplinary
22decisions.
23    (b-40) During a suspension review hearing conducted under
24subsection (b) or an expulsion hearing conducted under
25subsection (a) that involves allegations of sexual violence by
26the student who is subject to discipline, neither the student

 

 

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1nor his or her representative shall directly question nor have
2direct contact with the alleged victim. The student who is
3subject to discipline or his or her representative may, at the
4discretion and direction of the school board or its appointed
5hearing officer, suggest questions to be posed by the school
6board or its appointed hearing officer to the alleged victim.
7    (c) A school board must invite a representative from a
8local mental health agency to consult with the board at the
9meeting whenever there is evidence that mental illness may be
10the cause of a student's expulsion or suspension.
11    (c-5) School districts shall make reasonable efforts to
12provide ongoing professional development to all school
13personnel teachers, administrators, school board members, and
14school resource officers, and staff on the requirements of
15this Section and Section 10-20.14, the adverse consequences of
16school exclusion and justice-system involvement, effective
17classroom management strategies, culturally responsive
18discipline, trauma-responsive learning environments, as
19defined in subsection (b) of Section 3-11, the appropriate and
20available supportive services for the promotion of student
21attendance and engagement, and developmentally appropriate
22disciplinary methods that promote positive and healthy school
23climates.
24    (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a
26case-by-case basis. A student who is determined to have

 

 

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

 

 

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1Article 13A of the School Code.
2    (d-5) The board may suspend or by regulation authorize the
3superintendent of the district or the principal, assistant
4principal, or dean of students of any school to suspend a
5student for a period not to exceed 10 school days or may expel
6a student for a definite period of time not to exceed 2
7calendar years, as determined on a case-by-case basis, if (i)
8that student has been determined to have made an explicit
9threat on an Internet website against a school employee, a
10student, or any school-related personnel, (ii) the Internet
11website through which the threat was made is a site that was
12accessible within the school at the time the threat was made or
13was available to third parties who worked or studied within
14the school grounds at the time the threat was made, and (iii)
15the threat could be reasonably interpreted as threatening to
16the safety and security of the threatened individual because
17of the individual's his or her duties or employment status or
18status as a student inside the school.
19    (e) To maintain order and security in the schools, school
20authorities may inspect and search places and areas such as
21lockers, desks, parking lots, and other school property and
22equipment owned or controlled by the school, as well as
23personal effects left in those places and areas by students,
24without notice to or the consent of the student, and without a
25search warrant. As a matter of public policy, the General
26Assembly finds that students have no reasonable expectation of

 

 

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1privacy in these places and areas or in their personal effects
2left in these places and areas. School authorities may request
3the assistance of law enforcement officials for the purpose of
4conducting inspections and searches of lockers, desks, parking
5lots, and other school property and equipment owned or
6controlled by the school for illegal drugs, weapons, or other
7illegal or dangerous substances or materials, including
8searches conducted through the use of specially trained dogs.
9If a search conducted in accordance with this Section produces
10evidence that the student has violated or is violating either
11the law, local ordinance, or the school's policies or rules,
12such evidence may be seized by school authorities, and
13disciplinary action may be taken. School authorities may also
14turn over such evidence to law enforcement authorities.
15    (f) Suspension or expulsion may include suspension or
16expulsion from school and all school activities and a
17prohibition from being present on school grounds.
18    (g) A school district may adopt a policy providing that if
19a student is suspended or expelled for any reason from any
20public or private school in this or any other state, the
21student must complete the entire term of the suspension or
22expulsion in an alternative school program under Article 13A
23of this Code or an alternative learning opportunities program
24under Article 13B of this Code before being admitted into the
25school district if there is no threat to the safety of students
26or staff in the alternative program. A school district that

 

 

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1adopts a policy under this subsection (g) must include a
2provision allowing for consideration of any mitigating
3factors, including, but not limited to, a student's status as
4a parent, expectant parent, or victim of domestic or sexual
5violence, as defined in Article 26A.
6    (h) School officials shall not advise or encourage
7students to drop out voluntarily due to behavioral or academic
8difficulties.
9    (i) A student may not be issued a monetary fine or fee as a
10disciplinary consequence, though this shall not preclude
11requiring a student to provide restitution for lost, stolen,
12or damaged property.
13    (j) Subsections (a) through (i) of this Section shall
14apply to elementary and secondary schools, charter schools,
15special charter districts, and school districts organized
16under Article 34 of this Code.
17    (k) The expulsion of students children enrolled in
18programs funded under Section 1C-2 of this Code is subject to
19the requirements under paragraph (7) of subsection (a) of
20Section 2-3.71 of this Code.
21    (l) An Beginning with the 2018-2019 school year, an
22in-school suspension program provided by a school district for
23any students in kindergarten through grade 12 may focus on
24promoting non-violent conflict resolution and positive
25interaction with other students and school personnel. A school
26district may employ a school social worker or a licensed

 

 

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1mental health professional to oversee an in-school suspension
2program in kindergarten through grade 12.
3(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
4102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.".