Sen. John J. Cullerton
Filed: 4/28/2010
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1 | AMENDMENT TO HOUSE BILL 1313
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2 | AMENDMENT NO. ______. Amend House Bill 1313 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The School Code is amended by changing Section | ||||||
5 | 10-22.6 as follows: | ||||||
6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||
7 | Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||||
8 | searches. | ||||||
9 | (a) To expel pupils guilty of gross disobedience or | ||||||
10 | misconduct, and and
no action shall lie against them for such | ||||||
11 | expulsion. Expulsion shall
take place only after the parents | ||||||
12 | have been requested to appear at a
meeting of the board, or | ||||||
13 | with a hearing officer appointed by it, to
discuss their | ||||||
14 | child's behavior. Such request shall be made by registered
or | ||||||
15 | certified mail and shall state the time, place and purpose of | ||||||
16 | the
meeting. The board, or a hearing officer appointed by it, |
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1 | at such
meeting shall state the reasons for dismissal and the | ||||||
2 | date on which the
expulsion is to become effective. If a | ||||||
3 | hearing officer is appointed by
the board he shall report to | ||||||
4 | the board a written summary of the evidence
heard at the | ||||||
5 | meeting and the board may take such action thereon as it
finds | ||||||
6 | appropriate. | ||||||
7 | (b) To suspend or by regulation to authorize the | ||||||
8 | superintendent of
the district or the principal, assistant | ||||||
9 | principal, or dean of students
of any school to suspend pupils | ||||||
10 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
11 | pupils guilty of gross disobedience or misconduct on the school | ||||||
12 | bus
from riding the school bus, and no action
shall lie against | ||||||
13 | them for such suspension. The board may by regulation
authorize | ||||||
14 | the superintendent of the district or the principal, assistant
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15 | principal, or dean of students of any
school to suspend pupils | ||||||
16 | guilty of such acts for a period not to exceed
10 school days. | ||||||
17 | If a pupil is suspended due to gross disobedience or misconduct
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18 | on a school bus, the board may suspend the pupil in excess of | ||||||
19 | 10
school
days for safety reasons. Any suspension shall be | ||||||
20 | reported immediately to the
parents or guardian of such pupil | ||||||
21 | along with a full statement of the
reasons for such suspension | ||||||
22 | and a notice of their right to a review, a
copy of which shall | ||||||
23 | be given to the school board. Upon request of the
parents or | ||||||
24 | guardian the school board or a hearing officer appointed by
it | ||||||
25 | shall review such action of the superintendent or principal, | ||||||
26 | assistant
principal, or dean of students. At such
review the |
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1 | parents or guardian of the pupil may appear and discuss the
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2 | suspension with the board or its hearing officer. If a hearing | ||||||
3 | officer
is appointed by the board he shall report to the board | ||||||
4 | a written summary
of the evidence heard at the meeting. After | ||||||
5 | its hearing or upon receipt
of the written report of its | ||||||
6 | hearing officer, the board may take such
action as it finds | ||||||
7 | appropriate. | ||||||
8 | (c) The Department of Human Services
shall be invited to | ||||||
9 | send a representative to consult with the board at
such meeting | ||||||
10 | whenever there is evidence that mental illness may be the
cause | ||||||
11 | for expulsion or suspension. | ||||||
12 | (d) The board may expel a student for a definite period of | ||||||
13 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
14 | case basis.
A student who
is determined to have brought one of | ||||||
15 | the following objects to school, any school-sponsored activity
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16 | or event, or any activity or event that bears a reasonable | ||||||
17 | relationship to school shall be expelled for a period of not | ||||||
18 | less than
one year: | ||||||
19 | (1) A firearm. For the purposes of this Section, | ||||||
20 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
21 | by Section 921 of Title 18 of the United States Code, | ||||||
22 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
23 | Identification Card Act, or firearm as defined in Section | ||||||
24 | 24-1 of the Criminal Code of 1961. The expulsion period | ||||||
25 | under this subdivision (1) may be modified by the | ||||||
26 | superintendent, and the superintendent's determination may |
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1 | be modified by the board on a case-by-case basis. | ||||||
2 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
3 | regardless of its composition, a billy club, or any other | ||||||
4 | object if used or attempted to be used to cause bodily | ||||||
5 | harm, including "look alikes" of any firearm as defined in | ||||||
6 | subdivision (1) of this subsection (d). The expulsion | ||||||
7 | requirement under this subdivision (2) may be modified by | ||||||
8 | the superintendent, and the superintendent's determination | ||||||
9 | may be modified by the board on a case-by-case basis. | ||||||
10 | Expulsion
or suspension
shall be construed in a
manner | ||||||
11 | consistent with the Federal Individuals with Disabilities | ||||||
12 | Education
Act. A student who is subject to suspension or | ||||||
13 | expulsion as provided in this
Section may be eligible for a | ||||||
14 | transfer to an alternative school program in
accordance with | ||||||
15 | Article 13A of the School Code. The provisions of this
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16 | subsection (d) apply in all school districts,
including special | ||||||
17 | charter districts and districts organized under Article 34. | ||||||
18 | (e) To maintain order and security in the schools, school | ||||||
19 | authorities may
inspect and search places and areas such as | ||||||
20 | lockers, desks, parking lots, and
other school property and | ||||||
21 | equipment owned or controlled by the school, as well
as | ||||||
22 | personal effects left in those places and areas by students, | ||||||
23 | without notice
to or the consent of the student, and without a | ||||||
24 | search warrant. As a matter of
public policy, the General | ||||||
25 | Assembly finds that students have no reasonable
expectation of | ||||||
26 | privacy in these places and areas or in their personal effects
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1 | left in these places and areas. School authorities may request | ||||||
2 | the assistance
of law enforcement officials for the purpose of | ||||||
3 | conducting inspections and
searches of lockers, desks, parking | ||||||
4 | lots, and other school property and
equipment owned or | ||||||
5 | controlled by the school for illegal drugs, weapons, or
other
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6 | illegal or dangerous substances or materials, including | ||||||
7 | searches conducted
through the use of specially trained dogs. | ||||||
8 | If a search conducted in accordance
with this Section produces | ||||||
9 | evidence that the student has violated or is
violating either | ||||||
10 | the law, local ordinance, or the school's policies or rules,
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11 | such evidence may be seized by school authorities, and | ||||||
12 | disciplinary action may
be taken. School authorities may also | ||||||
13 | turn over such evidence to law
enforcement authorities. The | ||||||
14 | provisions of this subsection (e) apply in all
school | ||||||
15 | districts, including special charter districts and districts | ||||||
16 | organized
under Article 34. | ||||||
17 | (f) Suspension or expulsion may include suspension or | ||||||
18 | expulsion from
school and all school activities and a | ||||||
19 | prohibition from being present on school
grounds. | ||||||
20 | (g) A school district may adopt a policy providing that if | ||||||
21 | a student
is suspended or expelled for any reason from any | ||||||
22 | public or private school
in this or any other state, the | ||||||
23 | student must complete the entire term of
the suspension or | ||||||
24 | expulsion before being admitted into the school
district. This | ||||||
25 | policy may allow placement of the student in an alternative
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26 | school program established under Article 13A of this Code, if |
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1 | available, for
the
remainder of the suspension or expulsion. | ||||||
2 | This subsection (g) applies to
all school districts, including | ||||||
3 | special charter districts and districts
organized under | ||||||
4 | Article 34 of this Code. | ||||||
5 | (Source: P.A. 96-633, eff. 8-24-09.)".
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