104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB2876

 

Introduced 1/16/2026, by Sen. Terri Bryant

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6

    Amends the School Code. With respect to the suspension or expulsion of a student, requires all evidence, including, but not limited to, video evidence and written materials, held by a school district that has led to the decision to suspend or expel the student to be given to the student's parents or guardians before a suspension or expulsion hearing. Effective immediately.


LRB104 15184 LNS 28328 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB2876LRB104 15184 LNS 28328 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Section
510-22.6 as follows:
 
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    (Text of Section before amendment by P.A. 102-466)
8    Sec. 10-22.6. Suspension or expulsion of students; school
9searches.
10    (a) To expel students guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15have been requested to appear at a meeting of the board, or
16with a hearing officer appointed by it, to discuss their
17child's behavior. Such request shall be made by registered or
18certified mail and shall state the time, place and purpose of
19the meeting. The board, or a hearing officer appointed by it,
20at such meeting shall state the reasons for dismissal and the
21date on which the expulsion is to become effective. If a
22hearing officer is appointed by the board, the hearing officer
23shall report to the board a written summary of the evidence

 

 

SB2876- 2 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 3 -LRB104 15184 LNS 28328 b

1reasons.
2    Any suspension shall be reported immediately to the
3parents or guardian of a student along with a full statement of
4the reasons for such suspension and a notice of their right to
5a review. The school board must be given a summary of the
6notice, including the reason for the suspension and the
7suspension length. Upon request of the parents or guardian,
8the school board or a hearing officer appointed by it shall
9review such action of the superintendent or principal,
10assistant principal, or dean of students. At such review, the
11parents or guardian of the student may appear and discuss the
12suspension with the board or its hearing officer. If a hearing
13officer is appointed by the board, he shall report to the board
14a written summary of the evidence heard at the meeting. After
15its hearing or upon receipt of the written report of its
16hearing officer, the board may take such action as it finds
17appropriate. If a student is suspended pursuant to this
18subsection (b), the board shall, in the written suspension
19decision, detail the specific act of gross disobedience or
20misconduct resulting in the decision to suspend. The
21suspension decision shall also include a rationale as to the
22specific duration of the suspension.
23    (b-5) Among the many possible disciplinary interventions
24and consequences available to school officials, school
25exclusions, such as out-of-school suspensions and expulsions,
26are the most serious. School officials shall limit the number

 

 

SB2876- 4 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 5 -LRB104 15184 LNS 28328 b

1student's continuing presence in school would either (i) pose
2a threat to the safety of other students, staff, or members of
3the school community or (ii) substantially disrupt, impede, or
4interfere with the operation of the school. For purposes of
5this subsection (b-20), "threat to the safety of other
6students, staff, or members of the school community" and
7"substantially disrupt, impede, or interfere with the
8operation of the school" shall be determined on a case-by-case
9basis by school officials. For purposes of this subsection
10(b-20), the determination of whether "appropriate and
11available behavioral and disciplinary interventions have been
12exhausted" shall be made by school officials. School officials
13shall make all reasonable efforts to resolve such threats,
14address such disruptions, and minimize the length of student
15exclusions to the greatest extent practicable. Within the
16suspension decision described in subsection (b) of this
17Section or the expulsion decision described in subsection (a)
18of this Section, it shall be documented whether other
19interventions were attempted or whether it was determined that
20there were no other appropriate and available interventions.
21    (b-25) Students who are suspended out-of-school for longer
22than 3 school days shall be provided appropriate and available
23support services during the period of their suspension. For
24purposes of this subsection (b-25), "appropriate and available
25support services" shall be determined by school authorities.
26Within the suspension decision described in subsection (b) of

 

 

SB2876- 6 -LRB104 15184 LNS 28328 b

1this Section, it shall be documented whether such services are
2to be provided or whether it was determined that there are no
3such appropriate and available services.
4    A school district may refer students who are expelled to
5appropriate and available support services.
6    A school district shall create a policy to facilitate the
7re-engagement of students who are suspended out-of-school,
8expelled, or returning from an alternative school setting. In
9consultation with stakeholders deemed appropriate by the State
10Board of Education, the State Board of Education shall draft
11and publish guidance for the re-engagement of students who are
12suspended out-of-school, expelled, or returning from an
13alternative school setting in accordance with this Section and
14Section 13A-4 on or before July 1, 2025.
15    (b-30) A school district shall create a policy by which
16suspended students, including those students suspended from
17the school bus who do not have alternate transportation to
18school, shall have the opportunity to make up work for
19equivalent academic credit. It shall be the responsibility of
20a student's parent or guardian to notify school officials that
21a student suspended from the school bus does not have
22alternate transportation to school.
23    (c) A school board must invite a representative from a
24local mental health agency to consult with the board at the
25meeting whenever there is evidence that mental illness may be
26the cause of a student's expulsion or suspension.

 

 

SB2876- 7 -LRB104 15184 LNS 28328 b

1    (c-5) School districts shall make reasonable efforts to
2provide ongoing professional development to all school
3personnel, school board members, and school resource officers,
4on the requirements of this Section and Section 10-20.14, the
5adverse consequences of school exclusion and justice-system
6involvement, effective classroom management strategies,
7culturally responsive discipline, trauma-responsive learning
8environments, as defined in subsection (b) of Section 3-11,
9the appropriate and available supportive services for the
10promotion of student attendance and engagement, and
11developmentally appropriate disciplinary methods that promote
12positive and healthy school climates.
13    (d) The board may expel a student for a definite period of
14time not to exceed 2 calendar years, as determined on a
15case-by-case basis. A student who is determined to have
16brought one of the following objects to school, any
17school-sponsored activity or event, or any activity or event
18that bears a reasonable relationship to school shall be
19expelled for a period of not less than one year:
20        (1) A firearm. For the purposes of this Section,
21    "firearm" means any gun, rifle, shotgun, weapon as defined
22    by Section 921 of Title 18 of the United States Code,
23    firearm as defined in Section 1.1 of the Firearm Owners
24    Identification Card Act, or firearm as defined in Section
25    24-1 of the Criminal Code of 2012. The expulsion period
26    under this subdivision (1) may be modified by the

 

 

SB2876- 8 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 9 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 10 -LRB104 15184 LNS 28328 b

1such evidence may be seized by school authorities, and
2disciplinary action may be taken. School authorities may also
3turn over such evidence to law enforcement authorities.
4    (f) Suspension or expulsion may include suspension or
5expulsion from school and all school activities and a
6prohibition from being present on school grounds.
7    (g) A school district may adopt a policy providing that if
8a student is suspended or expelled for any reason from any
9public or private school in this or any other state, the
10student must complete the entire term of the suspension or
11expulsion in an alternative school program under Article 13A
12of this Code or an alternative learning opportunities program
13under Article 13B of this Code before being admitted into the
14school district if there is no threat to the safety of students
15or staff in the alternative program.
16    (h) School officials shall not advise or encourage
17students to drop out voluntarily due to behavioral or academic
18difficulties.
19    (i) A student may not be issued a monetary fine or fee as a
20disciplinary consequence, though this shall not preclude
21requiring a student to provide restitution for lost, stolen,
22or damaged property.
23    (j) Subsections (a) through (i) of this Section shall
24apply to elementary and secondary schools, charter schools,
25special charter districts, and school districts organized
26under Article 34 of this Code.

 

 

SB2876- 11 -LRB104 15184 LNS 28328 b

1    (k) The expulsion of students enrolled in programs funded
2under Section 1C-2 of this Code is subject to the requirements
3under paragraph (7) of subsection (a) of Section 2-3.71 of
4this Code.
5    (l) An in-school suspension program provided by a school
6district for any students in kindergarten through grade 12 may
7focus on promoting non-violent conflict resolution and
8positive interaction with other students and school personnel.
9A school district may employ a school social worker or a
10licensed mental health professional to oversee an in-school
11suspension program in kindergarten through grade 12.
12(Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22;
13103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.)
 
14    (Text of Section after amendment by P.A. 102-466)
15    Sec. 10-22.6. Suspension or expulsion of students; school
16searches.
17    (a) To expel students guilty of gross disobedience or
18misconduct, including gross disobedience or misconduct
19perpetuated by electronic means, pursuant to subsection (b-20)
20of this Section, and no action shall lie against them for such
21expulsion. Expulsion shall take place only after the parents
22or guardians have been requested to appear at a meeting of the
23board, or with a hearing officer appointed by it, to discuss
24their child's behavior. Such request shall be made by
25registered or certified mail and shall state the time, place

 

 

SB2876- 12 -LRB104 15184 LNS 28328 b

1and purpose of the meeting and shall include all evidence,
2including, but not limited to, video evidence and written
3materials, held by the school district that has led to the
4school board's decision to expel the student. The board, or a
5hearing officer appointed by it, at such meeting shall state
6the reasons for dismissal and the date on which the expulsion
7is to become effective. If a hearing officer is appointed by
8the board, the hearing officer shall report to the board a
9written summary of the evidence heard at the meeting and the
10board may take such action thereon as it finds appropriate. If
11the board acts to expel a student, the written expulsion
12decision shall detail the specific reasons why removing the
13student from the learning environment is in the best interest
14of the school. The expulsion decision shall also include a
15rationale as to the specific duration of the expulsion. An
16expelled student may be immediately transferred to an
17alternative program in the manner provided in Article 13A or
1813B of this Code. A student must not be denied transfer because
19of the expulsion, except in cases in which such transfer is
20deemed to cause a threat to the safety of students or staff in
21the alternative program. Nothing in this subsection (a)
22requires a school district to not be in compliance with the
23federal Family Educational Rights and Privacy Act of 1974.
24    (b) To suspend or by policy to authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend

 

 

SB2876- 13 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 14 -LRB104 15184 LNS 28328 b

1officer is appointed by the board, he shall report to the board
2a written summary of the evidence heard at the meeting. After
3its hearing or upon receipt of the written report of its
4hearing officer, the board may take such action as it finds
5appropriate. If a student is suspended pursuant to this
6subsection (b), the board shall, in the written suspension
7decision, detail the specific act of gross disobedience or
8misconduct resulting in the decision to suspend. The
9suspension decision shall also include a rationale as to the
10specific duration of the suspension. Nothing in this
11subsection (b) requires a school district to not be in
12compliance with the federal Family Educational Rights and
13Privacy Act of 1974.
14    (b-5) Among the many possible disciplinary interventions
15and consequences available to school officials, school
16exclusions, such as out-of-school suspensions and expulsions,
17are the most serious. School officials shall limit the number
18and duration of expulsions and suspensions to the greatest
19extent practicable, and it is recommended that they use them
20only for legitimate educational purposes. To ensure that
21students are not excluded from school unnecessarily, it is
22recommended that school officials consider forms of
23non-exclusionary discipline prior to using out-of-school
24suspensions or expulsions.
25    (b-10) Unless otherwise required by federal law or this
26Code, school boards may not institute zero-tolerance policies

 

 

SB2876- 15 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 16 -LRB104 15184 LNS 28328 b

1(b-20), the determination of whether "appropriate and
2available behavioral and disciplinary interventions have been
3exhausted" shall be made by school officials. School officials
4shall make all reasonable efforts to resolve such threats,
5address such disruptions, and minimize the length of student
6exclusions to the greatest extent practicable. Within the
7suspension decision described in subsection (b) of this
8Section or the expulsion decision described in subsection (a)
9of this Section, it shall be documented whether other
10interventions were attempted or whether it was determined that
11there were no other appropriate and available interventions.
12    (b-25) Students who are suspended out-of-school for longer
13than 3 school days shall be provided appropriate and available
14support services during the period of their suspension. For
15purposes of this subsection (b-25), "appropriate and available
16support services" shall be determined by school authorities.
17Within the suspension decision described in subsection (b) of
18this Section, it shall be documented whether such services are
19to be provided or whether it was determined that there are no
20such appropriate and available services.
21    A school district may refer students who are expelled to
22appropriate and available support services.
23    A school district shall create a policy to facilitate the
24re-engagement of students who are suspended out-of-school,
25expelled, or returning from an alternative school setting. In
26consultation with stakeholders deemed appropriate by the State

 

 

SB2876- 17 -LRB104 15184 LNS 28328 b

1Board of Education, the State Board of Education shall draft
2and publish guidance for the re-engagement of students who are
3suspended out-of-school, expelled, or returning from an
4alternative school setting in accordance with this Section and
5Section 13A-4 on or before July 1, 2025.
6    (b-30) A school district shall create a policy by which
7suspended students, including those students suspended from
8the school bus who do not have alternate transportation to
9school, shall have the opportunity to make up work for
10equivalent academic credit. It shall be the responsibility of
11a student's parents or guardians to notify school officials
12that a student suspended from the school bus does not have
13alternate transportation to school.
14    (b-35) In all suspension review hearings conducted under
15subsection (b) or expulsion hearings conducted under
16subsection (a), a student may disclose any factor to be
17considered in mitigation, including his or her status as a
18parent, expectant parent, or victim of domestic or sexual
19violence, as defined in Article 26A. A representative of the
20parent's or guardian's choice, or of the student's choice if
21emancipated, must be permitted to represent the student
22throughout the proceedings and to address the school board or
23its appointed hearing officer. With the approval of the
24student's parent or guardian, or of the student if
25emancipated, a support person must be permitted to accompany
26the student to any disciplinary hearings or proceedings. The

 

 

SB2876- 18 -LRB104 15184 LNS 28328 b

1representative or support person must comply with any rules of
2the school district's hearing process. If the representative
3or support person violates the rules or engages in behavior or
4advocacy that harasses, abuses, or intimidates either party, a
5witness, or anyone else in attendance at the hearing, the
6representative or support person may be prohibited from
7further participation in the hearing or proceeding. A
8suspension or expulsion proceeding under this subsection
9(b-35) must be conducted independently from any ongoing
10criminal investigation or proceeding, and an absence of
11pending or possible criminal charges, criminal investigations,
12or proceedings may not be a factor in school disciplinary
13decisions.
14    (b-40) During a suspension review hearing conducted under
15subsection (b) or an expulsion hearing conducted under
16subsection (a) that involves allegations of sexual violence by
17the student who is subject to discipline, neither the student
18nor his or her representative shall directly question nor have
19direct contact with the alleged victim. The student who is
20subject to discipline or his or her representative may, at the
21discretion and direction of the school board or its appointed
22hearing officer, suggest questions to be posed by the school
23board or its appointed hearing officer to the alleged victim.
24    (c) A school board must invite a representative from a
25local mental health agency to consult with the board at the
26meeting whenever there is evidence that mental illness may be

 

 

SB2876- 19 -LRB104 15184 LNS 28328 b

1the cause of a student's expulsion or suspension.
2    (c-5) School districts shall make reasonable efforts to
3provide ongoing professional development to all school
4personnel, school board members, and school resource officers
5on the requirements of this Section and Section 10-20.14, the
6adverse consequences of school exclusion and justice-system
7involvement, effective classroom management strategies,
8culturally responsive discipline, trauma-responsive learning
9environments, as defined in subsection (b) of Section 3-11,
10the appropriate and available supportive services for the
11promotion of student attendance and engagement, and
12developmentally appropriate disciplinary methods that promote
13positive and healthy school climates.
14    (d) The board may expel a student for a definite period of
15time not to exceed 2 calendar years, as determined on a
16case-by-case basis. A student who is determined to have
17brought one of the following objects to school, any
18school-sponsored activity or event, or any activity or event
19that bears a reasonable relationship to school shall be
20expelled for a period of not less than one year:
21        (1) A firearm. For the purposes of this Section,
22    "firearm" means any gun, rifle, shotgun, weapon as defined
23    by Section 921 of Title 18 of the United States Code,
24    firearm as defined in Section 1.1 of the Firearm Owners
25    Identification Card Act, or firearm as defined in Section
26    24-1 of the Criminal Code of 2012. The expulsion period

 

 

SB2876- 20 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 21 -LRB104 15184 LNS 28328 b

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

 

 

SB2876- 22 -LRB104 15184 LNS 28328 b

1the law, local ordinance, or the school's policies or rules,
2such evidence may be seized by school authorities, and
3disciplinary action may be taken. School authorities may also
4turn over such evidence to law enforcement authorities.
5    (f) Suspension or expulsion may include suspension or
6expulsion from school and all school activities and a
7prohibition from being present on school grounds.
8    (g) A school district may adopt a policy providing that if
9a student is suspended or expelled for any reason from any
10public or private school in this or any other state, the
11student must complete the entire term of the suspension or
12expulsion in an alternative school program under Article 13A
13of this Code or an alternative learning opportunities program
14under Article 13B of this Code before being admitted into the
15school district if there is no threat to the safety of students
16or staff in the alternative program. A school district that
17adopts a policy under this subsection (g) must include a
18provision allowing for consideration of any mitigating
19factors, including, but not limited to, a student's status as
20a parent, expectant parent, or victim of domestic or sexual
21violence, as defined in Article 26A.
22    (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25    (i) A student may not be issued a monetary fine or fee as a
26disciplinary consequence, though this shall not preclude

 

 

SB2876- 23 -LRB104 15184 LNS 28328 b

1requiring a student to provide restitution for lost, stolen,
2or damaged property.
3    (j) Subsections (a) through (i) of this Section shall
4apply to elementary and secondary schools, charter schools,
5special charter districts, and school districts organized
6under Article 34 of this Code.
7    (k) Through June 30, 2026, the expulsion of students
8enrolled in programs funded under Section 1C-2 of this Code is
9subject to the requirements under paragraph (7) of subsection
10(a) of Section 2-3.71 of this Code.
11    (k-5) On and after July 1, 2026, the expulsion of children
12enrolled in programs funded under Section 15-25 of the
13Department of Early Childhood Act is subject to the
14requirements of paragraph (7) of subsection (a) of Section
1515-30 of the Department of Early Childhood Act.
16    (l) An in-school suspension program provided by a school
17district for any students in kindergarten through grade 12 may
18focus on promoting non-violent conflict resolution and
19positive interaction with other students and school personnel.
20A school district may employ a school social worker or a
21licensed mental health professional to oversee an in-school
22suspension program in kindergarten through grade 12.
23(Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21;
24102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff.
258-9-24; revised 9-25-24.)
 

 

 

SB2876- 24 -LRB104 15184 LNS 28328 b

1    Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.