99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4275

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/34-19  from Ch. 122, par. 34-19

    Amends the School Code. Requires a school board to meet or by regulation authorize the superintendent of the school district or the principal, assistant principal, or dean of students of a school to meet with each student subject to suspension or expulsion to inform the student of alternative options and his or her rights, including without limitation (i) the length of the suspension or expulsion, (ii) the scope of the suspension or expulsion, (iii) the availability of an appeals process, (iv) the student's ability to receive and complete school work, and (v) the availability of alternative schooling.


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FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

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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 Sections
510-22.6 and 34-19 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
8searches.
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, and no action shall lie
12against them for such expulsion. Expulsion shall take place
13only after the parents have been requested to appear at a
14meeting of the board, or with a hearing officer appointed by
15it, to discuss their child's behavior. Such request shall be
16made by registered or certified mail and shall state the time,
17place and purpose of the meeting. The board, or a hearing
18officer appointed by it, at such meeting shall state the
19reasons for dismissal and the date on which the expulsion is to
20become effective. If a hearing officer is appointed by the
21board he shall report to the board a written summary of the
22evidence heard at the meeting and the board may take such
23action thereon as it finds appropriate. An expelled pupil may

 

 

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1be immediately transferred to an alternative program in the
2manner provided in Article 13A or 13B of this Code. A pupil
3must not be denied transfer because of the expulsion, except in
4cases in which such transfer is deemed to cause a threat to the
5safety of students or staff in the alternative program.
6    (b) To suspend or by policy to authorize the superintendent
7of the district or the principal, assistant principal, or dean
8of students of any school to suspend pupils guilty of gross
9disobedience or misconduct, or to suspend pupils guilty of
10gross disobedience or misconduct on the school bus from riding
11the school bus, and no action shall lie against them for such
12suspension. The board may by policy authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend pupils
15guilty of such acts for a period not to exceed 10 school days.
16If a pupil is suspended due to gross disobedience or misconduct
17on a school bus, the board may suspend the pupil in excess of
1810 school days for safety reasons. Any suspension shall be
19reported immediately to the parents or guardian of such pupil
20along with a full statement of the reasons for such suspension
21and a notice of their right to a review. The school board must
22be given a summary of the notice, including the reason for the
23suspension and the suspension length. Upon request of the
24parents or guardian the school board or a hearing officer
25appointed by it shall review such action of the superintendent
26or principal, assistant principal, or dean of students. At such

 

 

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1review the parents or guardian of the pupil may appear and
2discuss the suspension with the board or its hearing officer.
3If a hearing officer is appointed by the board he shall report
4to the board a written summary of the evidence heard at the
5meeting. After its hearing or upon receipt of the written
6report of its hearing officer, the board may take such action
7as it finds appropriate. A pupil who is suspended in excess of
820 school days may be immediately transferred to an alternative
9program in the manner provided in Article 13A or 13B of this
10Code. A pupil must not be denied transfer because of the
11suspension, except in cases in which such transfer is deemed to
12cause a threat to the safety of students or staff in the
13alternative program.
14    (c) The Department of Human Services shall be invited to
15send a representative to consult with the board at such meeting
16whenever there is evidence that mental illness may be the cause
17for expulsion or suspension.
18    (d) The board may expel a student for a definite period of
19time not to exceed 2 calendar years, as determined on a case by
20case basis. A student who is determined to have brought one of
21the following objects to school, any school-sponsored activity
22or event, or any activity or event that bears a reasonable
23relationship to school shall be expelled for a period of not
24less than one year:
25        (1) A firearm. For the purposes of this Section,
26    "firearm" means any gun, rifle, shotgun, weapon as defined

 

 

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1    by Section 921 of Title 18 of the United States Code,
2    firearm as defined in Section 1.1 of the Firearm Owners
3    Identification Card Act, or firearm as defined in Section
4    24-1 of the Criminal Code of 2012. The expulsion period
5    under this subdivision (1) may be modified by the
6    superintendent, and the superintendent's determination may
7    be modified by the board on a case-by-case basis.
8        (2) A knife, brass knuckles or other knuckle weapon
9    regardless of its composition, a billy club, or any other
10    object if used or attempted to be used to cause bodily
11    harm, including "look alikes" of any firearm as defined in
12    subdivision (1) of this subsection (d). The expulsion
13    requirement under this subdivision (2) may be modified by
14    the superintendent, and the superintendent's determination
15    may be modified by the board on a case-by-case basis.
16Expulsion or suspension shall be construed in a manner
17consistent with the Federal Individuals with Disabilities
18Education Act. A student who is subject to suspension or
19expulsion as provided in this Section may be eligible for a
20transfer to an alternative school program in accordance with
21Article 13A of the School Code. The provisions of this
22subsection (d) apply in all school districts, including special
23charter districts and districts organized under Article 34.
24    (d-5) The board may suspend or by regulation authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend a

 

 

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1student for a period not to exceed 10 school days or may expel
2a student for a definite period of time not to exceed 2
3calendar years, as determined on a case by case basis, if (i)
4that student has been determined to have made an explicit
5threat on an Internet website against a school employee, a
6student, or any school-related personnel, (ii) the Internet
7website through which the threat was made is a site that was
8accessible within the school at the time the threat was made or
9was available to third parties who worked or studied within the
10school grounds at the time the threat was made, and (iii) the
11threat could be reasonably interpreted as threatening to the
12safety and security of the threatened individual because of his
13or her duties or employment status or status as a student
14inside the school. The provisions of this subsection (d-5)
15apply in all school districts, including special charter
16districts and districts organized under Article 34 of this
17Code.
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. The
14provisions of this subsection (e) apply in all school
15districts, including special charter districts and districts
16organized under Article 34.
17    (f) Suspension or expulsion may include suspension or
18expulsion from school and all school activities and a
19prohibition from being present on school grounds.
20    (g) A school district may adopt a policy providing that if
21a student is suspended or expelled for any reason from any
22public or private school in this or any other state, the
23student must complete the entire term of the suspension or
24expulsion in an alternative school program under Article 13A of
25this Code or an alternative learning opportunities program
26under Article 13B of this Code before being admitted into the

 

 

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1school district if there is no threat to the safety of students
2or staff in the alternative program. This subsection (g)
3applies to all school districts, including special charter
4districts and districts organized under Article 34 of this
5Code.
6    (h) The board shall meet or by regulation authorize the
7superintendent of the school district or the principal,
8assistant principal, or dean of students of a school to meet
9with each student subject to suspension or expulsion under this
10Section to inform the student of alternative options and his or
11her rights, including without limitation the following:
12        (1) the length of the suspension or expulsion;
13        (2) the scope of the suspension or expulsion;
14        (3) the availability of an appeals process;
15        (4) the student's ability to receive and complete
16    school work; and
17        (5) the availability of alternative schooling.
18(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
1997-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
2097-1150, eff. 1-25-13.)
 
21    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
22    Sec. 34-19. By-laws, rules and regulations; business
23transacted at regular meetings; voting; records. The board
24shall, subject to the limitations in this Article, establish
25by-laws, rules and regulations, which shall have the force of

 

 

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1ordinances, for the proper maintenance of a uniform system of
2discipline for both employees and pupils, and for the entire
3management of the schools, and may fix the school age of
4pupils, the minimum of which in kindergartens shall not be
5under 4 years, except that, based upon an assessment of the
6child's readiness, children who have attended a non-public
7preschool and continued their education at that school through
8kindergarten, were taught in kindergarten by an appropriately
9certified teacher, and will attain the age of 6 years on or
10before December 31 of the year of the 2009-2010 school term and
11each school term thereafter may attend first grade upon
12commencement of such term, and in grade schools shall not be
13under 6 years. It may expel, suspend or, subject to the
14limitations of all policies established or adopted under
15Section 14-8.05, otherwise discipline any pupil found guilty of
16gross disobedience, misconduct or other violation of the
17by-laws, rules and regulations, including gross disobedience
18or misconduct perpetuated by electronic means. An expelled
19pupil may be immediately transferred to an alternative program
20in the manner provided in Article 13A or 13B of this Code. A
21pupil must not be denied transfer because of the expulsion,
22except in cases in which such transfer is deemed to cause a
23threat to the safety of students or staff in the alternative
24program. A pupil who is suspended in excess of 20 school days
25may be immediately transferred to an alternative program in the
26manner provided in Article 13A or 13B of this Code. A pupil

 

 

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1must not be denied transfer because of the suspension, except
2in cases in which such transfer is deemed to cause a threat to
3the safety of students or staff in the alternative program. The
4board shall meet or by regulation authorize the general
5superintendent of schools or the principal, assistant
6principal, or dean of students of a school to meet with each
7student subject to suspension or expulsion under this Section
8to inform the student of alternative options and his or her
9rights, including without limitation (i) the length of the
10suspension or expulsion, (ii) the scope of the suspension or
11expulsion, (iii) the availability of an appeals process, (iv)
12the student's ability to receive and complete school work, and
13(v) the availability of alternative schooling. The bylaws,
14rules and regulations of the board shall be enacted, money
15shall be appropriated or expended, salaries shall be fixed or
16changed, and textbooks, electronic textbooks, and courses of
17instruction shall be adopted or changed only at the regular
18meetings of the board and by a vote of a majority of the full
19membership of the board; provided that notwithstanding any
20other provision of this Article or the School Code, neither the
21board or any local school council may purchase any textbook for
22use in any public school of the district from any textbook
23publisher that fails to furnish any computer diskettes as
24required under Section 28-21. Funds appropriated for textbook
25purchases must be available for electronic textbook purchases
26and the technological equipment necessary to gain access to and

 

 

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1use electronic textbooks at the local school council's
2discretion. The board shall be further encouraged to provide
3opportunities for public hearing and testimony before the
4adoption of bylaws, rules and regulations. Upon all
5propositions requiring for their adoption at least a majority
6of all the members of the board the yeas and nays shall be
7taken and reported. The by-laws, rules and regulations of the
8board shall not be repealed, amended or added to, except by a
9vote of 2/3 of the full membership of the board. The board
10shall keep a record of all its proceedings. Such records and
11all by-laws, rules and regulations, or parts thereof, may be
12proved by a copy thereof certified to be such by the secretary
13of the board, but if they are printed in book or pamphlet form
14which are purported to be published by authority of the board
15they need not be otherwise published and the book or pamphlet
16shall be received as evidence, without further proof, of the
17records, by-laws, rules and regulations, or any part thereof,
18as of the dates thereof as shown in such book or pamphlet, in
19all courts and places where judicial proceedings are had.
20    Notwithstanding any other provision in this Article or in
21the School Code, the board may delegate to the general
22superintendent or to the attorney the authorities granted to
23the board in the School Code, provided such delegation and
24appropriate oversight procedures are made pursuant to board
25by-laws, rules and regulations, adopted as herein provided,
26except that the board may not delegate its authorities and

 

 

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1responsibilities regarding (1) budget approval obligations;
2(2) rule-making functions; (3) desegregation obligations; (4)
3real estate acquisition, sale or lease in excess of 10 years as
4provided in Section 34-21; (5) the levy of taxes; or (6) any
5mandates imposed upon the board by "An Act in relation to
6school reform in cities over 500,000, amending Acts herein
7named", approved December 12, 1988 (P.A. 85-1418).
8(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
997-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
107-13-12.)