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91_HB3402eng
HB3402 Engrossed LRB9112315LDpk
1 AN ACT to amend the School Code by changing Sections
2 2-3.13a and 10-22.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 2-3.13a and 10-22.6 as follows:
7 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a)
8 Sec. 2-3.13a. Scholastic records; transferring students.
9 The State Board of Education shall establish and
10 implement rules requiring all of the public schools and all
11 private or nonpublic elementary and secondary schools located
12 in this State, whenever any such school has a student who is
13 transferring to any other public elementary or secondary
14 school located in this or in any other state, to forward
15 within 10 days of notice of the student's transfer an
16 unofficial record of that student's grades to the school to
17 which such student is transferring. Each public school at
18 the same time also shall forward to the school to which the
19 student is transferring the remainder of the student's school
20 student records as required by the Illinois School Student
21 Records Act. In addition, if a student is transferring from a
22 public school, whether located in this or any other state,
23 from which the student has been suspended or expelled for any
24 reason knowingly possessing in a school building or on school
25 grounds a weapon as defined in the Gun Free Schools Act (20
26 U.S.C. 8921 et seq.), for knowingly possessing, selling, or
27 delivering in a school building or on school grounds a
28 controlled substance or cannabis, or for battering a staff
29 member of the school, and if the period of suspension or
30 expulsion has not expired at the time the student attempts to
31 transfer into another public school in the same or any other
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1 school district: (i) any school student records required to
2 be transferred shall include the date and duration of the
3 period of suspension or expulsion; and (ii) with the
4 exception of transfers into the Department of Corrections
5 school district, the student shall not be permitted to attend
6 class in the public school into which he or she is
7 transferring until the student has served the entire period
8 of the suspension or expulsion imposed by the school from
9 which the student is transferring, provided that the school
10 board may approve the placement of the student in an
11 alternative school program established under Article 13A of
12 this Act. Each public school and each private or nonpublic
13 elementary or secondary school in this State shall within 10
14 days after the student has paid all of his or her outstanding
15 fines and fees and at its own expense forward an official
16 transcript of the scholastic records of each student
17 transferring from that school in strict accordance with the
18 provisions of this Section and the rules established by the
19 State Board of Education as herein provided.
20 The State Board of Education shall develop a one-page
21 standard form that Illinois school districts are required to
22 provide to any student who is moving out of the school
23 district and that contains the information about whether or
24 not the student is "in good standing" and whether or not his
25 or her medical records are up-to-date and complete. As used
26 in this Section, "in good standing" means that the student is
27 not being disciplined by a suspension or expulsion, but is
28 entitled to attend classes. No school district shall is
29 required to admit a new student who is transferring from
30 another Illinois school district unless (i) he or she can
31 produce the standard form from the student's previous school
32 district enrollment and (ii) this form clearly indicates that
33 the student is not currently serving a suspension or
34 expulsion. No school district shall is required to admit a
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1 new student who is transferring from an out-of-state public
2 school, a private or parochial school regardless of location,
3 or a school located outside of the United States unless the
4 parent or guardian of the student certifies in writing (i)
5 whether that the student is or is not currently serving a
6 suspension or expulsion imposed by the school from which the
7 student is transferring and (ii) if the student is currently
8 serving a suspension or expulsion, the date the suspension or
9 expulsion began and a description of the incident that
10 resulted in the suspension or expulsion, which description
11 shall be sufficiently specific so as to enable the school
12 district into which the student is transferring to determine
13 the length of suspension or expulsion that would have
14 resulted had the incident occurred at that school district.
15 Subject to the provisions and limitations under
16 subsection (g) of Section 10-22.6 of this Code, a school
17 district into which a student is transferring shall delay the
18 admittance of the student if the student is currently serving
19 a suspension or expulsion imposed by the school or school
20 district from which he or she is transferring.
21 (Source: P.A. 91-365, eff. 7-30-99.)
22 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
23 Sec. 10-22.6. Suspension or expulsion of pupils; school
24 searches.
25 (a) To expel pupils guilty of gross disobedience or
26 misconduct, and no action shall lie against them for such
27 expulsion. Expulsion shall take place only after the parents
28 have been requested to appear at a meeting of the board, or
29 with a hearing officer appointed by it, to discuss their
30 child's behavior. Such request shall be made by registered or
31 certified mail and shall state the time, place and purpose of
32 the meeting. The board, or a hearing officer appointed by it,
33 at such meeting shall state the reasons for dismissal and the
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1 date on which the expulsion is to become effective. If a
2 hearing officer is appointed by the board he shall report to
3 the board a written summary of the evidence heard at the
4 meeting and the board may take such action thereon as it
5 finds appropriate.
6 (b) To suspend or by regulation to authorize the
7 superintendent of the district or the principal, assistant
8 principal, or dean of students of any school to suspend
9 pupils guilty of gross disobedience or misconduct, or to
10 suspend pupils guilty of gross disobedience or misconduct on
11 the school bus from riding the school bus, and no action
12 shall lie against them for such suspension. The board may by
13 regulation authorize the superintendent of the district or
14 the principal, assistant principal, or dean of students of
15 any school to suspend pupils guilty of such acts for a period
16 not to exceed 10 school days. If a pupil is suspended due to
17 gross disobedience or misconduct on a school bus, the board
18 may suspend the pupil in excess of 10 school days for safety
19 reasons. Any suspension shall be reported immediately to the
20 parents or guardian of such pupil along with a full statement
21 of the reasons for such suspension and a notice of their
22 right to a review, a copy of which shall be given to the
23 school board. Upon request of the parents or guardian the
24 school board or a hearing officer appointed by it shall
25 review such action of the superintendent or principal,
26 assistant principal, or dean of students. At such review the
27 parents or guardian of the pupil may appear and discuss the
28 suspension with the board or its hearing officer. If a
29 hearing officer is appointed by the board he shall report to
30 the board a written summary of the evidence heard at the
31 meeting. After its hearing or upon receipt of the written
32 report of its hearing officer, the board may take such action
33 as it finds appropriate.
34 (c) The Department of Human Services shall be invited to
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1 send a representative to consult with the board at such
2 meeting whenever there is evidence that mental illness may be
3 the cause for expulsion or suspension.
4 (d) The board may expel a student for a definite period
5 of time not to exceed 2 calendar years, as determined on a
6 case by case basis. A student who is determined to have
7 brought a weapon to school, any school-sponsored activity or
8 event, or any activity or event which bears a reasonable
9 relationship to school shall be expelled for a period of not
10 less than one year, except that the expulsion period may be
11 modified by the superintendent, and the superintendent's
12 determination may be modified by the board on a case by case
13 basis. For the purpose of this Section, the term "weapon"
14 means (1) possession, use, control, or transfer of any gun,
15 rifle, shotgun, weapon as defined by Section 921 of Title 18,
16 United States Code, firearm as defined in Section 1.1 of the
17 Firearm Owners Identification Act, or use of a weapon as
18 defined in Section 24-1 of the Criminal Code, (2) any other
19 object if used or attempted to be used to cause bodily harm,
20 including but not limited to, knives, brass knuckles, or
21 billy clubs, or (3) "look alikes" of any weapon as defined in
22 this Section. Expulsion or suspension shall be construed in a
23 manner consistent with the Federal Individuals with
24 Disabilities Education Act. A student who is subject to
25 suspension or expulsion as provided in this Section may be
26 eligible for a transfer to an alternative school program in
27 accordance with Article 13A of the School Code. The
28 provisions of this subsection (d) apply in all school
29 districts, including special charter districts and districts
30 organized under Article 34.
31 (e) To maintain order and security in the schools,
32 school authorities may inspect and search places and areas
33 such as lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school, as
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1 well as personal effects left in those places and areas by
2 students, without notice to or the consent of the student,
3 and without a search warrant. As a matter of public policy,
4 the General Assembly finds that students have no reasonable
5 expectation of privacy in these places and areas or in their
6 personal effects left in these places and areas. School
7 authorities may request the assistance of law enforcement
8 officials for the purpose of conducting inspections and
9 searches of lockers, desks, parking lots, and other school
10 property and equipment owned or controlled by the school for
11 illegal drugs, weapons, or other illegal or dangerous
12 substances or materials, including searches conducted through
13 the use of specially trained dogs. If a search conducted in
14 accordance with this Section produces evidence that the
15 student has violated or is violating either the law, local
16 ordinance, or the school's policies or rules, such evidence
17 may be seized by school authorities, and disciplinary action
18 may be taken. School authorities may also turn over such
19 evidence to law enforcement authorities. The provisions of
20 this subsection (e) apply in all school districts, including
21 special charter districts and districts organized under
22 Article 34.
23 (f) Suspension or expulsion may include suspension or
24 expulsion from school and all school activities and a
25 prohibition from being present on school grounds.
26 (g) Subject to Section 2-3.13a of this Code, a student
27 who is transferring into a school district and who is
28 currently serving a suspension or expulsion imposed by
29 another Illinois school district shall, by being denied
30 admission to the school district into which he or she is
31 transferring, effectively serve the balance of his or her
32 suspension or expulsion in the school district into which he
33 or she is transferring, provided that the total period of the
34 suspension or expulsion, by combining the amount of time
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1 served in the school district from which the student is
2 transferring with the amount of time by which the student is
3 delayed admittance to the school district into which he or
4 she is transferring, shall not exceed 2 years.
5 Subject to Section 2-3.13a of this Code, a student who is
6 transferring into a school district and who is currently
7 serving a suspension or expulsion imposed by an out-of-state
8 public school, a private or parochial school regardless of
9 location, or a school located outside of the United States
10 shall, by being denied admission to the school district into
11 which he or she is transferring, effectively serve the
12 balance of his or her suspension or expulsion in the school
13 district into which he or she is transferring, provided that
14 the total period of the suspension or expulsion, by combining
15 the amount of time served at the school from which the
16 student is transferring with the amount of time by which the
17 student is delayed admittance to the school district into
18 which he or she is transferring, shall not exceed the lesser
19 of (i) the amount of time in which the school district into
20 which the student is transferring would normally suspend or
21 expel a student for the same incident that prompted
22 suspension or expulsion at the school from which the student
23 is transferring, (ii) the length of the suspension or
24 expulsion imposed by the school from which the student is
25 transferring, or (iii) 2 years.
26 The provisions of this subsection (g) apply in all school
27 districts, including special charter districts and districts
28 organized under Article 34 of this Code.
29 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
30 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
31 1-1-98; 90-757, eff. 8-14-98.)
32 Section 99. Effective date. This Act takes effect upon
33 becoming law.
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