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1 | | classes
for a student pupil who transfers into the district |
2 | | during the school year, and the school board or governing body |
3 | | of a charter school shall
require that a school inform its |
4 | | students pupils of the contents of the policy.
School boards |
5 | | and the governing bodies of charter schools, along with the |
6 | | parent-teacher advisory committee, must annually evaluate |
7 | | review their student pupil discipline policies, and the
|
8 | | implementation of those policies, ensuring the fair and |
9 | | consistent enforcement of those policies for all students and |
10 | | the safety and any other factors related to the safety
of their
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11 | | schools, students pupils , and school personnel staff .
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12 | | (a-5) On or before September 15, 2016, each elementary and |
13 | | secondary school and charter school shall, at a minimum, adopt |
14 | | student pupil discipline policies that fulfill the |
15 | | requirements set forth in this Section, subsections (a) and |
16 | | (b) of Section 10-22.6 of this Code, Section 34-19 of this Code |
17 | | if applicable, and federal and State laws that provide special |
18 | | requirements for the discipline of students with disabilities. |
19 | | (b) The parent-teacher advisory
committee in cooperation |
20 | | with local law enforcement agencies shall develop,
with the |
21 | | school board, policy guideline procedures to
establish
and |
22 | | maintain a reciprocal reporting system between the school |
23 | | district and
local law enforcement agencies regarding criminal |
24 | | offenses committed by
students. School districts are |
25 | | encouraged to create memoranda of understanding with local law |
26 | | enforcement agencies that clearly define law enforcement's |
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1 | | role in schools, in accordance with Section 10-22.6 of this |
2 | | Code. The State Board of Education shall draft and publish |
3 | | model policy guidelines for the development of reciprocal |
4 | | reporting systems in accordance with this Section.
|
5 | | (c) The parent-teacher advisory committee, in cooperation |
6 | | with school bus
personnel, shall develop, with the school |
7 | | board, policy guideline procedures to
establish and maintain |
8 | | school bus safety procedures. These procedures shall be
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9 | | incorporated into the district's student pupil discipline |
10 | | policy. The State Board of Education shall draft and publish |
11 | | model policy guidelines for the development of school bus |
12 | | safety procedures in accordance with this Section.
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13 | | (d) As used in this subsection (d), "evidence-based |
14 | | interventions" means interventions that have demonstrated a |
15 | | statistically significant effect on improving student outcomes |
16 | | as documented in peer-reviewed scholarly journals. |
17 | | The school board, in consultation with the parent-teacher
|
18 | | advisory committee and other community-based organizations, |
19 | | must include
provisions in the student discipline
policy to |
20 | | address students who have demonstrated behaviors that put them |
21 | | at
risk for aggressive behavior, including without limitation |
22 | | bullying, as
defined in the policy. These provisions must |
23 | | include
procedures for notifying parents or legal guardians |
24 | | and
early intervention procedures
based upon available |
25 | | community-based and district resources. |
26 | | Any early intervention procedures shall be evidence-based |
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1 | | interventions. The State Board of Education shall draft and |
2 | | publish model policy guidelines for evidence-based early |
3 | | intervention procedures, including examples, in consultation |
4 | | with behavioral health experts and in accordance with this |
5 | | Section.
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6 | | (Source: P.A. 99-456, eff. 9-15-16 .)
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7 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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8 | | (Text of Section before amendment by P.A. 102-466 )
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9 | | Sec. 10-22.6. Suspension or expulsion of students pupils ; |
10 | | school searches.
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11 | | (a) To expel students pupils guilty of gross disobedience |
12 | | or misconduct, including gross disobedience or misconduct |
13 | | perpetuated by electronic means, pursuant to subsection (b-20) |
14 | | of this Section, and
no action shall lie against them for such |
15 | | expulsion. Expulsion shall
take place only after the parents |
16 | | have been requested to appear at a
meeting of the board, or |
17 | | with a hearing officer appointed by it, to
discuss their |
18 | | child's behavior , unless the student's gross disobedience or |
19 | | misconduct poses an immediate threat to the health or safety |
20 | | of students or school personnel . Such request shall be made by |
21 | | registered
or certified mail and shall state the time, place |
22 | | and purpose of the
meeting. The board, or a hearing officer |
23 | | appointed by it, at such
meeting shall state the reasons for |
24 | | dismissal and the date on which the
expulsion is to become |
25 | | effective. If a hearing officer is appointed by
the board, the |
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1 | | hearing officer he shall report to the board a written summary |
2 | | of the evidence
heard at the meeting and the board may take |
3 | | such action thereon as it
finds appropriate. If the board acts |
4 | | to expel a student pupil , the written expulsion decision shall |
5 | | detail the specific reasons why removing the student pupil |
6 | | from the learning environment is in the best interest of the |
7 | | school. The expulsion decision shall also include a rationale |
8 | | as to the specific duration of the expulsion. An expelled |
9 | | student pupil may be immediately transferred to an alternative |
10 | | program in the manner provided in Article 13A or 13B of this |
11 | | Code. A student pupil must not be denied transfer because of |
12 | | the expulsion, except in cases in which such transfer is |
13 | | deemed to cause a threat to the safety of students or staff in |
14 | | the alternative program.
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15 | | (b) To suspend or by policy to authorize the |
16 | | superintendent of
the district or the principal, assistant |
17 | | principal, or dean of students
of any school to suspend |
18 | | students pupils guilty of gross disobedience or misconduct, or
|
19 | | to suspend students pupils guilty of gross disobedience or |
20 | | misconduct on the school bus
from riding the school bus, |
21 | | pursuant to subsections (b-15) and (b-20) of this Section, and |
22 | | no action
shall lie against them for such suspension. The |
23 | | board may by policy
authorize the superintendent of the |
24 | | district or the principal, assistant
principal, or dean of |
25 | | students of any
school to suspend students pupils guilty of |
26 | | such acts for a period not to exceed
10 school days. If a |
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1 | | student pupil is suspended due to gross disobedience or |
2 | | misconduct
on a school bus, the board may suspend the student |
3 | | pupil in excess of 10
school
days for safety reasons. |
4 | | Any suspension shall be reported immediately to the
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5 | | parents or guardian of a student pupil along with a full |
6 | | statement of the
reasons for such suspension and a notice of |
7 | | their right to a review. The school board must be given a |
8 | | summary of the notice, including the reason for the suspension |
9 | | and the suspension length. Upon request of the
parents or |
10 | | guardian, the school board or a hearing officer appointed by
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11 | | it shall review such action of the superintendent or |
12 | | principal, assistant
principal, or dean of students. At such
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13 | | review, the parents or guardian of the student pupil may |
14 | | appear and discuss the
suspension with the board or its |
15 | | hearing officer. If a hearing officer
is appointed by the |
16 | | board, he shall report to the board a written summary
of the |
17 | | evidence heard at the meeting. After its hearing or upon |
18 | | receipt
of the written report of its hearing officer, the |
19 | | board may take such
action as it finds appropriate. If a |
20 | | student is suspended pursuant to this subsection (b), the |
21 | | board shall, in the written suspension decision, detail the |
22 | | specific act of gross disobedience or misconduct resulting in |
23 | | the decision to suspend. The suspension decision shall also |
24 | | include a rationale as to the specific duration of the |
25 | | suspension. A student pupil who is suspended in excess of 20 |
26 | | school days may be immediately transferred to an alternative |
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1 | | program in the manner provided in Article 13A or 13B of this |
2 | | Code. A student pupil must not be denied transfer because of |
3 | | the suspension, except in cases in which such transfer is |
4 | | deemed to cause a threat to the safety of students or school |
5 | | personnel staff in the alternative program.
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6 | | (b-2) As used in this Section: |
7 | | "Evidence-based interventions" means interventions that |
8 | | have demonstrated a statistically significant effect on |
9 | | improving student outcomes documented in peer-reviewed |
10 | | scholarly journals. |
11 | | "Serious bodily injury" means bodily injury that involves |
12 | | a substantial risk of death, extreme physical pain, protracted |
13 | | and obvious disfigurement, or protracted loss or impairment of |
14 | | the function of a bodily member, organ, or mental faculty. |
15 | | (b-5) Among the many possible disciplinary interventions |
16 | | and consequences available to school officials, school |
17 | | exclusions, such as out-of-school suspensions and expulsions, |
18 | | are the most serious and should only be used when the student's |
19 | | presence threatens the operation of the school or the health |
20 | | or safety of students or school personnel . School officials |
21 | | shall limit the number and duration of expulsions and |
22 | | suspensions to the greatest extent practicable, and it is |
23 | | recommended that they use them only for legitimate educational |
24 | | purposes. To ensure that students are not excluded from school |
25 | | unnecessarily, it is recommended that school officials |
26 | | consider implementing proactive evidence-based interventions |
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1 | | that improve behavioral outcomes for all students. Examples of |
2 | | evidence-based interventions include school-wide positive |
3 | | behavioral interventions and support, restorative justice and |
4 | | the entire continuum of restorative practices, social and |
5 | | emotional learning programs, trauma-informed teaching |
6 | | strategies, and access to appropriate school-based mental |
7 | | health services. In addition, it is recommended that school |
8 | | officials consider forms of non-exclusionary discipline if |
9 | | appropriate prior to using out-of-school suspensions or |
10 | | expulsions. Forms of non-exclusionary discipline include |
11 | | in-school suspensions that allow students to continue academic |
12 | | instruction in an alternative environment, restorative |
13 | | conferences, and small-group instruction on behavior |
14 | | management strategies. |
15 | | (b-10) Unless otherwise required by federal law or this |
16 | | Code, school boards may not institute zero-tolerance policies |
17 | | by which school administrators are required to suspend or |
18 | | expel students for particular behaviors. |
19 | | (b-15) Out-of-school suspensions of 3 days or less may be |
20 | | used only if the student's continuing presence in school would |
21 | | pose a threat to the operation of the school or the health or |
22 | | safety of students or school personnel school safety or a |
23 | | disruption to other students' learning opportunities . For |
24 | | purposes of this subsection (b-15), "threat to the operation |
25 | | of the school or the health or safety of students or school |
26 | | personnel school safety or a disruption to other students' |
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1 | | learning opportunities " shall be determined on a case-by-case |
2 | | basis by the school board or its designee. School officials |
3 | | shall make all reasonable efforts to resolve such threats, |
4 | | address such disruptions, and minimize the length of |
5 | | suspensions to the greatest extent practicable. |
6 | | (b-20) Unless otherwise required by this Code, |
7 | | out-of-school suspensions of longer than 3 days, expulsions, |
8 | | and disciplinary removals to alternative schools may be used |
9 | | only if other appropriate and available behavioral and |
10 | | disciplinary interventions have been exhausted and the |
11 | | student's continuing presence in school would either (i) pose |
12 | | a
threat to the safety of other students, school personnel |
13 | | staff , or members of
the school community or (ii) |
14 | | substantially disrupt, impede, or
interfere with the operation |
15 | | of the school. For purposes of this subsection (b-20), "threat |
16 | | to the safety of other students, school personnel staff , or |
17 | | members of the school community" and "substantially disrupt, |
18 | | impede, or interfere with the operation of the school" shall |
19 | | be determined on a case-by-case basis by school officials. For |
20 | | purposes of this subsection (b-20), the determination of |
21 | | whether "appropriate and available behavioral and disciplinary |
22 | | interventions have been exhausted" shall be made by school |
23 | | officials. School officials shall make all reasonable efforts |
24 | | to resolve such threats, address such disruptions, and |
25 | | minimize the length of student exclusions to the greatest |
26 | | extent practicable. Within the suspension decision described |
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1 | | in subsection (b) of this Section or the expulsion decision |
2 | | described in subsection (a) of this Section, it shall be |
3 | | documented whether other interventions were attempted or |
4 | | whether it was determined that there were no other appropriate |
5 | | and available interventions. |
6 | | (b-25) Students who are suspended out-of-school for longer |
7 | | than 4 school days shall be provided appropriate and available |
8 | | support services during the period of their suspension. For |
9 | | purposes of this subsection (b-25), "appropriate and available |
10 | | support services" shall be determined by school authorities. |
11 | | Within the suspension decision described in subsection (b) of |
12 | | this Section, it shall be documented whether such services are |
13 | | to be provided or whether it was determined that there are no |
14 | | such appropriate and available services. |
15 | | The State Board of Education shall draft and publish model |
16 | | policy guidelines for the re-engagement of students who are |
17 | | suspended out-of-school, expelled, or returning from an |
18 | | alternative school setting in accordance with this Section. |
19 | | A school district may refer students who are expelled to |
20 | | appropriate and available support services. |
21 | | A school district shall create a policy to facilitate the |
22 | | re-engagement of students who are suspended out-of-school, |
23 | | expelled, or returning from an alternative school setting. |
24 | | (b-30) A school district shall create a policy by which |
25 | | suspended students pupils , including those students pupils |
26 | | suspended from the school bus who do not have alternate |
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1 | | transportation to school, shall have the opportunity to make |
2 | | up work for equivalent academic credit. It shall be the |
3 | | responsibility of a student's pupil's parent or guardian to |
4 | | notify school officials that a student pupil suspended from |
5 | | the school bus does not have alternate transportation to |
6 | | school. |
7 | | (c) A school board must invite a representative from a |
8 | | local mental health agency to consult with the board at the |
9 | | meeting whenever there is evidence that mental illness may be |
10 | | the cause of a student's expulsion or suspension.
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11 | | (c-5) A school district School districts shall make |
12 | | reasonable efforts to provide ongoing professional development |
13 | | to all school personnel teachers, administrators, school board |
14 | | members, school resource officers, and staff on the adverse |
15 | | consequences of school exclusion and justice-system |
16 | | involvement and the evidence-based interventions employed by |
17 | | the district in accordance with this Section and Section |
18 | | 10-20.14 , effective classroom management strategies, |
19 | | culturally responsive discipline, the appropriate and |
20 | | available supportive services for the promotion of student |
21 | | attendance and engagement, and developmentally appropriate |
22 | | disciplinary methods that promote positive and healthy school |
23 | | climates . |
24 | | (d) The board may expel a student for a definite period of |
25 | | time not to
exceed 2 calendar years, as determined on a |
26 | | case-by-case basis.
A student who
is determined to have |
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1 | | brought one of the following objects to school, any |
2 | | school-sponsored activity
or event, or any activity or event |
3 | | that bears a reasonable relationship to school shall be |
4 | | expelled for a period of not less than
one year: |
5 | | (1) A firearm. For the purposes of this Section, |
6 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
7 | | by Section 921 of Title 18 of the United States Code, |
8 | | firearm as defined in Section 1.1 of the Firearm Owners |
9 | | Identification Card Act, or firearm as defined in Section |
10 | | 24-1 of the Criminal Code of 2012. The expulsion period |
11 | | under this subdivision (1) may be modified by the |
12 | | superintendent, and the superintendent's determination may |
13 | | be modified by the board on a case-by-case basis. |
14 | | (2) A knife, brass knuckles or other knuckle weapon |
15 | | regardless of its composition, a billy club, or any other |
16 | | object if used or attempted to be used to cause bodily |
17 | | harm, including "look alikes" of any firearm as defined in |
18 | | subdivision (1) of this subsection (d). The expulsion |
19 | | requirement under this subdivision (2) may be modified by |
20 | | the superintendent, and the superintendent's determination |
21 | | may be modified by the board on a case-by-case basis. |
22 | | Expulsion
or suspension
shall be construed in a
manner |
23 | | consistent with the federal Individuals with Disabilities |
24 | | Education
Act. A student who is subject to suspension or |
25 | | expulsion as provided in this
Section may be eligible for a |
26 | | transfer to an alternative school program in
accordance with |
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1 | | Article 13A of the School Code.
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2 | | (d-3) Any suspension, expulsion, or change of placement |
3 | | due to a violation of the code of student conduct of a student |
4 | | with a disability shall comply with the requirements of the |
5 | | federal Individuals with Disabilities Education Act and its |
6 | | implementing regulations and the federal Section 504 of the |
7 | | Rehabilitation Act of 1973 and its implementing regulation. |
8 | | (d-5) The board may suspend or by regulation
authorize the |
9 | | superintendent of the district or the principal, assistant
|
10 | | principal, or dean of students of any
school to suspend a |
11 | | student for a period not to exceed
10 school days or may expel |
12 | | a student for a definite period of time not to
exceed 2 |
13 | | calendar years, as determined on a case-by-case basis, if (i) |
14 | | that student has been determined to have made an explicit |
15 | | threat on an Internet website against a school employee, a |
16 | | student, or any school-related personnel, (ii) the Internet |
17 | | website through which the threat was made is a site that was |
18 | | accessible within the school at the time the threat was made or |
19 | | was available to third parties who worked or studied within |
20 | | the school grounds at the time the threat was made, and (iii) |
21 | | the threat could be reasonably interpreted as threatening to |
22 | | the safety and security of the threatened individual because |
23 | | of the individual's his or her duties or employment status or |
24 | | status as a student inside the school.
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25 | | (e) To maintain order and security in the schools, school |
26 | | authorities may
inspect and search places and areas such as |
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1 | | lockers, desks, parking lots, and
other school property and |
2 | | equipment owned or controlled by the school, as well
as |
3 | | personal effects left in those places and areas by students, |
4 | | without notice
to or the consent of the student, and without a |
5 | | search warrant. As a matter of
public policy, the General |
6 | | Assembly finds that students have no reasonable
expectation of |
7 | | privacy in these places and areas or in their personal effects
|
8 | | left in these places and areas. School authorities may request |
9 | | the assistance
of law enforcement officials for the purpose of |
10 | | conducting inspections and
searches of lockers, desks, parking |
11 | | lots, and other school property and
equipment owned or |
12 | | controlled by the school for illegal drugs, weapons, or
other
|
13 | | illegal or dangerous substances or materials, including |
14 | | searches conducted
through the use of specially trained dogs. |
15 | | If a search conducted in accordance
with this Section produces |
16 | | evidence that the student has violated or is
violating either |
17 | | the law, local ordinance, or the school's policies or rules,
|
18 | | such evidence may be seized by school authorities, and |
19 | | disciplinary action may
be taken. School authorities may also |
20 | | turn over such evidence to law
enforcement authorities.
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21 | | (f) Suspension or expulsion may include suspension or |
22 | | expulsion from
school and all school activities and a |
23 | | prohibition from being present on school
grounds.
|
24 | | (g) A school district may adopt a policy providing that if |
25 | | a student
is suspended or expelled for any reason from any |
26 | | public or private school
in this or any other state, the |
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1 | | student must complete the entire term of
the suspension or |
2 | | expulsion in an alternative school program under Article 13A |
3 | | of this Code or an alternative learning opportunities program |
4 | | under Article 13B of this Code before being admitted into the |
5 | | school
district if there is no threat to the safety of students |
6 | | or staff in the alternative program.
|
7 | | (h) School officials shall not advise or encourage |
8 | | students to drop out voluntarily due to behavioral or academic |
9 | | difficulties. |
10 | | (i) A student may not be issued a monetary fine or fee as a |
11 | | disciplinary consequence, though this shall not preclude |
12 | | requiring a student to provide restitution for lost, stolen, |
13 | | or damaged property. |
14 | | (j) Subsections (a) through (i) of this Section shall |
15 | | apply to elementary and secondary schools, charter schools, |
16 | | special charter districts, and school districts organized |
17 | | under Article 34 of this Code. |
18 | | (k) The expulsion of students children enrolled in |
19 | | programs funded under Section 1C-2 of this Code is subject to |
20 | | the requirements under paragraph (7) of subsection (a) of |
21 | | Section 2-3.71 of this Code. |
22 | | (l) Beginning with the 2018-2019 school year, an in-school |
23 | | suspension program provided by a school district for any |
24 | | students in kindergarten through grade 12 may focus on |
25 | | promoting non-violent conflict resolution and positive |
26 | | interaction with other students and school personnel. A school |
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1 | | district may employ a school social worker or a licensed |
2 | | mental health professional to oversee an in-school suspension |
3 | | program in kindergarten through grade 12. |
4 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; |
5 | | 102-813, eff. 5-13-22.) |
6 | | (Text of Section after amendment by P.A. 102-466 )
|
7 | | Sec. 10-22.6. Suspension or expulsion of students pupils ; |
8 | | school searches.
|
9 | | (a) To expel students pupils guilty of gross disobedience |
10 | | or misconduct, including gross disobedience or misconduct |
11 | | perpetuated by electronic means, pursuant to subsection (b-20) |
12 | | of this Section, and
no action shall lie against them for such |
13 | | expulsion. Expulsion shall
take place only after the parents |
14 | | or guardians have been requested to appear at a
meeting of the |
15 | | board, or with a hearing officer appointed by it, to
discuss |
16 | | their child's behavior , unless the student's gross |
17 | | disobedience or misconduct poses an immediate threat to the |
18 | | health or safety of students or school personnel . Such request |
19 | | shall be made by registered
or certified mail and shall state |
20 | | the time, place and purpose of the
meeting. The board, or a |
21 | | hearing officer appointed by it, at such
meeting shall state |
22 | | the reasons for dismissal and the date on which the
expulsion |
23 | | is to become effective. If a hearing officer is appointed by
|
24 | | the board, the hearing officer he shall report to the board a |
25 | | written summary of the evidence
heard at the meeting and the |
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1 | | board may take such action thereon as it
finds appropriate. If |
2 | | the board acts to expel a student pupil , the written expulsion |
3 | | decision shall detail the specific reasons why removing the |
4 | | student pupil from the learning environment is in the best |
5 | | interest of the school. The expulsion decision shall also |
6 | | include a rationale as to the specific duration of the |
7 | | expulsion. An expelled student pupil may be immediately |
8 | | transferred to an alternative program in the manner provided |
9 | | in Article 13A or 13B of this Code. A student pupil must not be |
10 | | denied transfer because of the expulsion, except in cases in |
11 | | which such transfer is deemed to cause a threat to the safety |
12 | | of students or staff in the alternative program.
|
13 | | (b) To suspend or by policy to authorize the |
14 | | superintendent of
the district or the principal, assistant |
15 | | principal, or dean of students
of any school to suspend |
16 | | students pupils guilty of gross disobedience or misconduct, or
|
17 | | to suspend students pupils guilty of gross disobedience or |
18 | | misconduct on the school bus
from riding the school bus, |
19 | | pursuant to subsections (b-15) and (b-20) of this Section, and |
20 | | no action
shall lie against them for such suspension. The |
21 | | board may by policy
authorize the superintendent of the |
22 | | district or the principal, assistant
principal, or dean of |
23 | | students of any
school to suspend students pupils guilty of |
24 | | such acts for a period not to exceed
10 school days. If a |
25 | | student pupil is suspended due to gross disobedience or |
26 | | misconduct
on a school bus, the board may suspend the student |
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1 | | pupil in excess of 10
school
days for safety reasons. |
2 | | Any suspension shall be reported immediately to the
|
3 | | parents or guardians of a student pupil along with a full |
4 | | statement of the
reasons for such suspension and a notice of |
5 | | their right to a review. The school board must be given a |
6 | | summary of the notice, including the reason for the suspension |
7 | | and the suspension length. Upon request of the
parents or |
8 | | guardians, the school board or a hearing officer appointed by
|
9 | | it shall review such action of the superintendent or |
10 | | principal, assistant
principal, or dean of students. At such
|
11 | | review, the parents or guardians of the student pupil may |
12 | | appear and discuss the
suspension with the board or its |
13 | | hearing officer. If a hearing officer
is appointed by the |
14 | | board, he shall report to the board a written summary
of the |
15 | | evidence heard at the meeting. After its hearing or upon |
16 | | receipt
of the written report of its hearing officer, the |
17 | | board may take such
action as it finds appropriate. If a |
18 | | student is suspended pursuant to this subsection (b), the |
19 | | board shall, in the written suspension decision, detail the |
20 | | specific act of gross disobedience or misconduct resulting in |
21 | | the decision to suspend. The suspension decision shall also |
22 | | include a rationale as to the specific duration of the |
23 | | suspension. A student pupil who is suspended in excess of 20 |
24 | | school days may be immediately transferred to an alternative |
25 | | program in the manner provided in Article 13A or 13B of this |
26 | | Code. A student pupil must not be denied transfer because of |
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1 | | the suspension, except in cases in which such transfer is |
2 | | deemed to cause a threat to the safety of students or school |
3 | | personnel staff in the alternative program.
|
4 | | (b-2) As used in this Section: |
5 | | "Evidence-based interventions" means interventions that |
6 | | have demonstrated a statistically significant effect on |
7 | | improving student outcomes documented in peer-reviewed |
8 | | scholarly journals. |
9 | | "Serious bodily injury" means bodily injury that involves |
10 | | a substantial risk of death, extreme physical pain, protracted |
11 | | and obvious disfigurement, or protracted loss or impairment of |
12 | | the function of a bodily member, organ, or mental faculty. |
13 | | (b-5) Among the many possible disciplinary interventions |
14 | | and consequences available to school officials, school |
15 | | exclusions, such as out-of-school suspensions and expulsions, |
16 | | are the most serious and should only be used when the student's |
17 | | presence threatens the operation of the school or the health |
18 | | or safety of students or school personnel . School officials |
19 | | shall limit the number and duration of expulsions and |
20 | | suspensions to the greatest extent practicable, and it is |
21 | | recommended that they use them only for legitimate educational |
22 | | purposes. To ensure that students are not excluded from school |
23 | | unnecessarily, it is recommended that school officials |
24 | | consider implementing proactive evidence-based interventions |
25 | | that improve behavioral outcomes for all students. Examples of |
26 | | evidence-based interventions include school-wide positive |
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1 | | behavioral interventions and support, restorative justice and |
2 | | the entire continuum of restorative practices, social and |
3 | | emotional learning programs, trauma-informed teaching |
4 | | strategies, and access to appropriate school-based mental |
5 | | health services. In addition, it is recommended that school |
6 | | officials consider forms of non-exclusionary discipline if |
7 | | appropriate prior to using out-of-school suspensions or |
8 | | expulsions. Forms of non-exclusionary discipline include |
9 | | in-school suspensions that allow students to continue academic |
10 | | instruction in an alternative environment, restorative |
11 | | conferences, and small-group instruction on behavior |
12 | | management strategies. |
13 | | (b-10) Unless otherwise required by federal law or this |
14 | | Code, school boards may not institute zero-tolerance policies |
15 | | by which school administrators are required to suspend or |
16 | | expel students for particular behaviors. |
17 | | (b-15) Out-of-school suspensions of 3 days or less may be |
18 | | used only if the student's continuing presence in school would |
19 | | pose a threat to the operation of the school or the health or |
20 | | safety of students or school personnel school safety or a |
21 | | disruption to other students' learning opportunities . For |
22 | | purposes of this subsection (b-15), "threat to the operation |
23 | | of the school or the health or safety of students or school |
24 | | personnel school safety or a disruption to other students' |
25 | | learning opportunities " shall be determined on a case-by-case |
26 | | basis by the school board or its designee. School officials |
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1 | | shall make all reasonable efforts to resolve such threats, |
2 | | address such disruptions, and minimize the length of |
3 | | suspensions to the greatest extent practicable. |
4 | | (b-20) Unless otherwise required by this Code, |
5 | | out-of-school suspensions of longer than 3 days, expulsions, |
6 | | and disciplinary removals to alternative schools may be used |
7 | | only if other appropriate and available behavioral and |
8 | | disciplinary interventions have been exhausted and the |
9 | | student's continuing presence in school would either (i) pose |
10 | | a
threat to the safety of other students, school personnel |
11 | | staff , or members of
the school community or (ii) |
12 | | substantially disrupt, impede, or
interfere with the operation |
13 | | of the school. For purposes of this subsection (b-20), "threat |
14 | | to the safety of other students, school personnel staff , or |
15 | | members of the school community" and "substantially disrupt, |
16 | | impede, or interfere with the operation of the school" shall |
17 | | be determined on a case-by-case basis by school officials. For |
18 | | purposes of this subsection (b-20), the determination of |
19 | | whether "appropriate and available behavioral and disciplinary |
20 | | interventions have been exhausted" shall be made by school |
21 | | officials. School officials shall make all reasonable efforts |
22 | | to resolve such threats, address such disruptions, and |
23 | | minimize the length of student exclusions to the greatest |
24 | | extent practicable. Within the suspension decision described |
25 | | in subsection (b) of this Section or the expulsion decision |
26 | | described in subsection (a) of this Section, it shall be |
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1 | | documented whether other interventions were attempted or |
2 | | whether it was determined that there were no other appropriate |
3 | | and available interventions. |
4 | | (b-25) Students who are suspended out-of-school for longer |
5 | | than 4 school days shall be provided appropriate and available |
6 | | support services during the period of their suspension. For |
7 | | purposes of this subsection (b-25), "appropriate and available |
8 | | support services" shall be determined by school authorities. |
9 | | Within the suspension decision described in subsection (b) of |
10 | | this Section, it shall be documented whether such services are |
11 | | to be provided or whether it was determined that there are no |
12 | | such appropriate and available services. |
13 | | The State Board of Education shall draft and publish model |
14 | | policy guidelines for the re-engagement of students who are |
15 | | suspended out-of-school, expelled, or returning from an |
16 | | alternative school setting in accordance with this Section. |
17 | | A school district may refer students who are expelled to |
18 | | appropriate and available support services. |
19 | | A school district shall create a policy to facilitate the |
20 | | re-engagement of students who are suspended out-of-school, |
21 | | expelled, or returning from an alternative school setting. |
22 | | (b-30) A school district shall create a policy by which |
23 | | suspended students pupils , including those students pupils |
24 | | suspended from the school bus who do not have alternate |
25 | | transportation to school, shall have the opportunity to make |
26 | | up work for equivalent academic credit. It shall be the |
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1 | | responsibility of a student's pupil's parents or guardians to |
2 | | notify school officials that a student pupil suspended from |
3 | | the school bus does not have alternate transportation to |
4 | | school. |
5 | | (b-35) In all suspension review hearings conducted
under |
6 | | subsection (b) or expulsion hearings conducted
under |
7 | | subsection (a), a student may disclose any factor to be |
8 | | considered in mitigation, including his or her status as
a |
9 | | parent, expectant parent, or victim of domestic or sexual |
10 | | violence, as defined in Article 26A. A representative of the
|
11 | | parent's or guardian's choice, or of the student's choice if |
12 | | emancipated, must be permitted to represent
the student |
13 | | throughout the proceedings and to address the school board or |
14 | | its appointed hearing officer. With the
approval of the |
15 | | student's parent or guardian, or of the student if |
16 | | emancipated, a support person
must be permitted to accompany |
17 | | the student to any disciplinary
hearings or proceedings. The |
18 | | representative or support person must comply with any rules of |
19 | | the school district's hearing process. If the representative |
20 | | or support person violates the rules or engages in behavior or |
21 | | advocacy that harasses, abuses, or intimidates either party, a |
22 | | witness, or anyone else in attendance at the hearing, the |
23 | | representative or support person may be prohibited from |
24 | | further participation in the hearing or proceeding. A |
25 | | suspension or expulsion proceeding
under this subsection |
26 | | (b-35) must be conducted independently
from any ongoing |
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1 | | criminal investigation or proceeding, and an absence of |
2 | | pending or possible criminal charges, criminal investigations, |
3 | | or proceedings may not be a factor in school
disciplinary |
4 | | decisions. |
5 | | (b-40) During a suspension review hearing conducted
under |
6 | | subsection (b) or an expulsion hearing conducted
under |
7 | | subsection (a) that involves allegations of sexual
violence by |
8 | | the student who is subject to discipline, neither
the student |
9 | | nor his or her representative shall directly
question nor have |
10 | | direct contact with the alleged victim. The
student who is |
11 | | subject to discipline or his or her
representative may, at the |
12 | | discretion and direction of the
school board or its appointed |
13 | | hearing officer, suggest
questions to be posed by the school |
14 | | board or its appointed
hearing officer to the alleged victim. |
15 | | (c) A school board must invite a representative from a |
16 | | local mental health agency to consult with the board at the |
17 | | meeting whenever there is evidence that mental illness may be |
18 | | the cause of a student's expulsion or suspension.
|
19 | | (c-5) A school district School districts shall make |
20 | | reasonable efforts to provide ongoing professional development |
21 | | to all school personnel teachers, administrators, school board |
22 | | members, school resource officers, and staff on the adverse |
23 | | consequences of school exclusion and justice-system |
24 | | involvement and the evidence-based interventions employed by |
25 | | the district in accordance with this Section and Section |
26 | | 10-20.14 , effective classroom management strategies, |
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1 | | culturally responsive discipline, the appropriate and |
2 | | available supportive services for the promotion of student |
3 | | attendance and engagement, and developmentally appropriate |
4 | | disciplinary methods that promote positive and healthy school |
5 | | climates . |
6 | | (d) The board may expel a student for a definite period of |
7 | | time not to
exceed 2 calendar years, as determined on a |
8 | | case-by-case basis.
A student who
is determined to have |
9 | | brought one of the following objects to school, any |
10 | | school-sponsored activity
or event, or any activity or event |
11 | | that bears a reasonable relationship to school shall be |
12 | | expelled for a period of not less than
one year: |
13 | | (1) A firearm. For the purposes of this Section, |
14 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
15 | | by Section 921 of Title 18 of the United States Code, |
16 | | firearm as defined in Section 1.1 of the Firearm Owners |
17 | | Identification Card Act, or firearm as defined in Section |
18 | | 24-1 of the Criminal Code of 2012. The expulsion period |
19 | | under this subdivision (1) may be modified by the |
20 | | superintendent, and the superintendent's determination may |
21 | | be modified by the board on a case-by-case basis. |
22 | | (2) A knife, brass knuckles or other knuckle weapon |
23 | | regardless of its composition, a billy club, or any other |
24 | | object if used or attempted to be used to cause bodily |
25 | | harm, including "look alikes" of any firearm as defined in |
26 | | subdivision (1) of this subsection (d). The expulsion |
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1 | | requirement under this subdivision (2) may be modified by |
2 | | the superintendent, and the superintendent's determination |
3 | | may be modified by the board on a case-by-case basis. |
4 | | Expulsion
or suspension
shall be construed in a
manner |
5 | | consistent with the federal Individuals with Disabilities |
6 | | Education
Act. A student who is subject to suspension or |
7 | | expulsion as provided in this
Section may be eligible for a |
8 | | transfer to an alternative school program in
accordance with |
9 | | Article 13A of the School Code.
|
10 | | (d-3) Any suspension, expulsion, or change of placement |
11 | | due to a violation of the code of student conduct of a student |
12 | | with a disability shall comply with the requirements of the |
13 | | federal Individuals with Disabilities Education Act and its |
14 | | implementing regulations and the federal Section 504 of the |
15 | | Rehabilitation Act of 1973 and its implementing regulation. |
16 | | (d-5) The board may suspend or by regulation
authorize the |
17 | | superintendent of the district or the principal, assistant
|
18 | | principal, or dean of students of any
school to suspend a |
19 | | student for a period not to exceed
10 school days or may expel |
20 | | a student for a definite period of time not to
exceed 2 |
21 | | calendar years, as determined on a case-by-case basis, if (i) |
22 | | that student has been determined to have made an explicit |
23 | | threat on an Internet website against a school employee, a |
24 | | student, or any school-related personnel, (ii) the Internet |
25 | | website through which the threat was made is a site that was |
26 | | accessible within the school at the time the threat was made or |
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1 | | was available to third parties who worked or studied within |
2 | | the school grounds at the time the threat was made, and (iii) |
3 | | the threat could be reasonably interpreted as threatening to |
4 | | the safety and security of the threatened individual because |
5 | | of the individual's his or her duties or employment status or |
6 | | status as a student inside the school.
|
7 | | (e) To maintain order and security in the schools, school |
8 | | authorities may
inspect and search places and areas such as |
9 | | lockers, desks, parking lots, and
other school property and |
10 | | equipment owned or controlled by the school, as well
as |
11 | | personal effects left in those places and areas by students, |
12 | | without notice
to or the consent of the student, and without a |
13 | | search warrant. As a matter of
public policy, the General |
14 | | Assembly finds that students have no reasonable
expectation of |
15 | | privacy in these places and areas or in their personal effects
|
16 | | left in these places and areas. School authorities may request |
17 | | the assistance
of law enforcement officials for the purpose of |
18 | | conducting inspections and
searches of lockers, desks, parking |
19 | | lots, and other school property and
equipment owned or |
20 | | controlled by the school for illegal drugs, weapons, or
other
|
21 | | illegal or dangerous substances or materials, including |
22 | | searches conducted
through the use of specially trained dogs. |
23 | | If a search conducted in accordance
with this Section produces |
24 | | evidence that the student has violated or is
violating either |
25 | | the law, local ordinance, or the school's policies or rules,
|
26 | | such evidence may be seized by school authorities, and |
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1 | | disciplinary action may
be taken. School authorities may also |
2 | | turn over such evidence to law
enforcement authorities.
|
3 | | (f) Suspension or expulsion may include suspension or |
4 | | expulsion from
school and all school activities and a |
5 | | prohibition from being present on school
grounds.
|
6 | | (g) A school district may adopt a policy providing that if |
7 | | a student
is suspended or expelled for any reason from any |
8 | | public or private school
in this or any other state, the |
9 | | student must complete the entire term of
the suspension or |
10 | | expulsion in an alternative school program under Article 13A |
11 | | of this Code or an alternative learning opportunities program |
12 | | under Article 13B of this Code before being admitted into the |
13 | | school
district if there is no threat to the safety of students |
14 | | or staff in the alternative program. A school district that |
15 | | adopts a policy under this subsection (g) must include a |
16 | | provision allowing for consideration of any mitigating |
17 | | factors, including, but not limited to, a student's status as |
18 | | a parent, expectant parent, or victim of domestic or sexual |
19 | | violence, as defined in Article 26A.
|
20 | | (h) School officials shall not advise or encourage |
21 | | students to drop out voluntarily due to behavioral or academic |
22 | | difficulties. |
23 | | (i) A student may not be issued a monetary fine or fee as a |
24 | | disciplinary consequence, though this shall not preclude |
25 | | requiring a student to provide restitution for lost, stolen, |
26 | | or damaged property. |
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1 | | (j) Subsections (a) through (i) of this Section shall |
2 | | apply to elementary and secondary schools, charter schools, |
3 | | special charter districts, and school districts organized |
4 | | under Article 34 of this Code. |
5 | | (k) The expulsion of students children enrolled in |
6 | | programs funded under Section 1C-2 of this Code is subject to |
7 | | the requirements under paragraph (7) of subsection (a) of |
8 | | Section 2-3.71 of this Code. |
9 | | (l) Beginning with the 2018-2019 school year, an in-school |
10 | | suspension program provided by a school district for any |
11 | | students in kindergarten through grade 12 may focus on |
12 | | promoting non-violent conflict resolution and positive |
13 | | interaction with other students and school personnel. A school |
14 | | district may employ a school social worker or a licensed |
15 | | mental health professional to oversee an in-school suspension |
16 | | program in kindergarten through grade 12. |
17 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; |
18 | | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
19 | | Section 95. No acceleration or delay. Where this Act makes |
20 | | changes in a statute that is represented in this Act by text |
21 | | that is not yet or no longer in effect (for example, a Section |
22 | | represented by multiple versions), the use of that text does |
23 | | not accelerate or delay the taking effect of (i) the changes |
24 | | made by this Act or (ii) provisions derived from any other |
25 | | Public Act.
|