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

 

 

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1appropriate. If the board acts to expel a pupil, the written
2expulsion decision shall detail the specific reasons why
3removing the pupil from the learning environment is in the best
4interest of the school. The expulsion decision shall also
5include a rationale as to the specific duration of the
6expulsion. An expelled pupil may be immediately transferred to
7an alternative program in the manner provided in Article 13A or
813B of this Code. A pupil must not be denied transfer because
9of the expulsion, except in cases in which such transfer is
10deemed to cause a threat to the safety of students or staff in
11the alternative program.
12    (b) To suspend or by policy to authorize the superintendent
13of the district or the principal, assistant principal, or dean
14of students of any school to suspend pupils guilty of gross
15disobedience or misconduct, or to suspend pupils guilty of
16gross disobedience or misconduct on the school bus from riding
17the school bus, pursuant to subsections (b-15) and (b-20) of
18this Section, and no action shall lie against them for such
19suspension. The board may by policy authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of such acts for a period not to exceed 10 school days.
23If a pupil is suspended due to gross disobedience or misconduct
24on a school bus, the board may suspend the pupil in excess of
2510 school days for safety reasons.
26    Any suspension shall be reported immediately to the parents

 

 

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

 

 

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

 

 

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

 

 

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1purposes of this subsection (b-25), "appropriate and available
2support services" shall be determined by school authorities.
3Within the suspension decision described in subsection (b) of
4this Section, it shall be documented whether such services are
5to be provided or whether it was determined that there are no
6such appropriate and available services.
7    A school district may refer students who are expelled to
8appropriate and available support services.
9    A school district shall create a policy to facilitate the
10re-engagement of students who are suspended out-of-school,
11expelled, or returning from an alternative school setting.
12    (b-30) A school district shall create a policy by which
13suspended pupils, including those pupils suspended from the
14school bus who do not have alternate transportation to school,
15shall have the opportunity to make up work for equivalent
16academic credit. It shall be the responsibility of a pupil's
17parent or guardian to notify school officials that a pupil
18suspended from the school bus does not have alternate
19transportation to school.
20    (c) The Department of Human Services shall be invited to
21send a representative to consult with the board at such meeting
22whenever there is evidence that mental illness may be the cause
23for expulsion or suspension.
24    (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to teachers,
26administrators, school board members, school resource

 

 

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1officers, and staff on the adverse consequences of school
2exclusion and justice-system involvement, effective classroom
3management strategies, culturally responsive discipline, the
4appropriate and available supportive services for the
5promotion of student attendance and engagement, and
6developmentally appropriate disciplinary methods that promote
7positive and healthy school climates.
8    (d) The board may expel a student for a definite period of
9time not to exceed 2 calendar years, as determined on a
10case-by-case basis. A student who is determined to have brought
11one of the following objects to school, any school-sponsored
12activity or event, or any activity or event that bears a
13reasonable relationship to school shall be expelled for a
14period of not less than one year:
15        (1) A firearm. For the purposes of this Section,
16    "firearm" means any gun, rifle, shotgun, weapon as defined
17    by Section 921 of Title 18 of the United States Code,
18    firearm as defined in Section 1.1 of the Firearm Owners
19    Identification Card Act, or firearm as defined in Section
20    24-1 of the Criminal Code of 2012. The expulsion period
21    under this subdivision (1) may be modified by the
22    superintendent, and the superintendent's determination may
23    be modified by the board on a case-by-case basis.
24        (2) A knife, brass knuckles or other knuckle weapon
25    regardless of its composition, a billy club, or any other
26    object if used or attempted to be used to cause bodily

 

 

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1    harm, including "look alikes" of any firearm as defined in
2    subdivision (1) of this subsection (d). The expulsion
3    requirement under this subdivision (2) may be modified by
4    the superintendent, and the superintendent's determination
5    may be modified by the board on a case-by-case basis.
6        (3) Any pneumatic gun, spring gun, paint ball gun, or
7    B-B gun, irrespective of the type or size of projectile
8    that can be fired or the gun's muzzle velocity. The
9    expulsion requirement under this subdivision may be
10    modified by the superintendent, and the superintendent's
11    determination may be modified by the board on a
12    case-by-case basis.
13Expulsion or suspension shall be construed in a manner
14consistent with the federal Federal Individuals with
15Disabilities Education Act. A student who is subject to
16suspension or expulsion as provided in this Section may be
17eligible for a transfer to an alternative school program in
18accordance with Article 13A of the School Code.
19    (d-5) The board may suspend or by regulation authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend a
22student for a period not to exceed 10 school days or may expel
23a student for a definite period of time not to exceed 2
24calendar years, as determined on a case-by-case basis, if (i)
25that student has been determined to have made an explicit
26threat on an Internet website against a school employee, a

 

 

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

 

 

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

 

 

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1charter districts, and school districts organized under
2Article 34 of this Code.
3    (k) The expulsion of children enrolled in programs funded
4under Section 1C-2 of this Code is subject to the requirements
5under paragraph (7) of subsection (a) of Section 2-3.71 of this
6Code.
7    (l) Beginning with the 2018-2019 school year, an in-school
8suspension program provided by a school district for any
9students in kindergarten through grade 12 may focus on
10promoting non-violent conflict resolution and positive
11interaction with other students and school personnel. A school
12district may employ a school social worker or a licensed mental
13health professional to oversee an in-school suspension program
14in kindergarten through grade 12.
15(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
16100-810, eff. 1-1-19; 100-863, eff. 8-14-18; 100-1035, eff.
178-22-18; revised 10-1-18.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.