Sen. Kimberly A. Lightford

Filed: 3/7/2024

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1400

2    AMENDMENT NO. ______. Amend Senate Bill 1400 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 10-20.14 and 10-22.6 as follows:
 
6    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
7    Sec. 10-20.14. Student discipline policies; parent-teacher
8advisory committee.
9    (a) To establish and maintain a parent-teacher advisory
10committee to develop with the school board or governing body
11of a charter school policy guidelines on student pupil
12discipline, including school searches and bullying prevention
13as set forth in Section 27-23.7 of this Code. School
14authorities shall furnish a copy of the policy to the parents
15or guardian of each student pupil within 15 days after the
16beginning of the school year, or within 15 days after starting

 

 

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1classes for a student pupil who transfers into the district
2during the school year, and the school board or governing body
3of a charter school shall require that a school inform its
4students pupils of the contents of the policy. School boards
5and the governing bodies of charter schools, along with the
6parent-teacher advisory committee, must meet at least annually
7to evaluate review their student pupil discipline policies,
8and the implementation of those policies, and any other
9factors related to the safety of their schools, students
10pupils, and school personnel staff.
11    (a-5) On or before September 15, 2016, each elementary and
12secondary school and charter school shall, at a minimum, adopt
13student pupil discipline policies that fulfill the
14requirements set forth in this Section, subsections (a) and
15(b) of Section 10-22.6 of this Code, Section 34-19 of this Code
16if applicable, and federal and State laws that provide special
17requirements for the discipline of students with disabilities.
18    (b) The parent-teacher advisory committee in cooperation
19with local law enforcement agencies shall develop, with the
20school board, policy guideline procedures to establish and
21maintain a reciprocal reporting system between the school
22district and local law enforcement agencies regarding criminal
23offenses committed by students. School districts are
24encouraged to create memoranda of understanding with local law
25enforcement agencies that clearly define law enforcement's
26role in schools, in accordance with Section 10-22.6 of this

 

 

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1Code. The State Board of Education shall draft and publish
2guidance for the development of reciprocal reporting systems
3in accordance with this Section.
4    (c) The parent-teacher advisory committee, in cooperation
5with school bus personnel, shall develop, with the school
6board, policy guideline procedures to establish and maintain
7school bus safety procedures. These procedures shall be
8incorporated into the district's student pupil discipline
9policy. The State Board of Education shall draft and publish
10guidance for the development of school bus safety procedures
11in accordance with this Section.
12    (d) As used in this subsection (d), "evidence-based
13intervention" means intervention that has demonstrated a
14statistically significant effect on improving student outcomes
15as documented in peer-reviewed scholarly journals.
16    The school board, in consultation with the parent-teacher
17advisory committee and other community-based organizations,
18must include provisions in the student discipline policy to
19address students who have demonstrated behaviors that put them
20at risk for aggressive behavior, including without limitation
21bullying, as defined in the policy. These provisions must
22include procedures for notifying parents or legal guardians
23and early intervention procedures based upon available
24community-based and district resources.
25    The State Board of Education shall draft and publish
26guidance for evidence-based early intervention procedures,

 

 

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1including examples, in consultation with behavioral health
2experts and in accordance with this Section.
3(Source: P.A. 99-456, eff. 9-15-16.)
 
4    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
5    (Text of Section before amendment by P.A. 102-466)
6    Sec. 10-22.6. Suspension or expulsion of students pupils;
7school searches.
8    (a) To expel students pupils guilty of gross disobedience
9or misconduct, including gross disobedience or misconduct
10perpetuated by electronic means, pursuant to subsection (b-20)
11of this Section, and no action shall lie against them for such
12expulsion. Expulsion shall take place only after the parents
13have been requested to appear at a meeting of the board, or
14with a hearing officer appointed by it, to discuss their
15child's behavior. Such request shall be made by registered or
16certified mail and shall state the time, place and purpose of
17the meeting. The board, or a hearing officer appointed by it,
18at such meeting shall state the reasons for dismissal and the
19date on which the expulsion is to become effective. If a
20hearing officer is appointed by the board, the hearing officer
21he shall report to the board a written summary of the evidence
22heard at the meeting and the board may take such action thereon
23as it finds appropriate. If the board acts to expel a student
24pupil, the written expulsion decision shall detail the
25specific reasons why removing the student pupil from the

 

 

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1learning environment is in the best interest of the school.
2The expulsion decision shall also include a rationale as to
3the specific duration of the expulsion. An expelled student
4pupil may be immediately transferred to an alternative program
5in the manner provided in Article 13A or 13B of this Code. A
6student pupil must not be denied transfer because of the
7expulsion, except in cases in which such transfer is deemed to
8cause a threat to the safety of students or staff in the
9alternative program. Nothing in this subsection (a) precludes
10a suspension under subsection (b).
11    (b) To suspend or by policy to authorize the
12superintendent of the district or the principal, assistant
13principal, or dean of students of any school to suspend
14students pupils guilty of gross disobedience or misconduct, or
15to suspend students pupils guilty of gross disobedience or
16misconduct on the school bus from riding the school bus,
17pursuant to subsections (b-15) and (b-20) of this Section, and
18no action shall lie against them for such suspension. The
19board may by policy authorize the superintendent of the
20district or the principal, assistant principal, or dean of
21students of any school to suspend students pupils guilty of
22such acts for a period not to exceed 10 school days. If a
23student pupil is suspended due to gross disobedience or
24misconduct on a school bus, the board may suspend the student
25from riding the school bus pupil in excess of 10 school days
26for safety reasons.

 

 

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

 

 

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1to cause a threat to the safety of students or school personnel
2staff in the alternative program.
3    (b-5) Among the many possible disciplinary interventions
4and consequences available to school officials, school
5exclusions, such as out-of-school suspensions and expulsions,
6are the most serious and should only be used when the student's
7presence poses a threat to the operation of the school, poses a
8threat to the health or safety of students or school
9personnel, or causes a disruption to other students' learning
10opportunities. School officials shall limit the number and
11duration of expulsions and suspensions to the greatest extent
12practicable, and it is recommended that they use them only for
13legitimate educational purposes. To ensure that students are
14not excluded from school unnecessarily, it is recommended that
15school officials consider implementing proactive
16evidence-based interventions, as defined in subsection (d) of
17Section 10-20.14, that improve behavioral outcomes for all
18students. In addition, it is recommended that school officials
19consider forms of non-exclusionary discipline, if appropriate,
20prior to using out-of-school suspensions or expulsions. Forms
21of non-exclusionary discipline include, but are not limited
22to, in-school suspensions that allow students to continue
23academic instruction in an alternative environment,
24restorative practices, and small-group instruction on behavior
25management strategies.
26    (b-10) Unless otherwise required by federal law or this

 

 

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1Code, school boards may not institute zero-tolerance policies
2by which school administrators are required to suspend or
3expel students for particular behaviors.
4    (b-15) Out-of-school suspensions of 3 days or less may be
5used only if the student's conduct poses a threat to the
6operation of the school, poses a threat to the health or safety
7of students or school personnel, continuing presence in school
8would pose a threat to school safety or causes a disruption to
9other students' learning opportunities. For purposes of this
10subsection (b-15), the school board or its designee shall be
11solely responsible for determining, "threat to school safety
12or a disruption to other students' learning opportunities"
13shall be determined on a case-by-case basis, whether the
14student's conduct poses a threat to the operation of the
15school, poses a threat to the health or safety of students or
16school personnel, or causes a disruption to other students'
17learning opportunities by the school board or its designee.
18School officials shall make all reasonable efforts to resolve
19such threats, address such disruptions, and minimize the
20length of suspensions to the greatest extent practicable.
21    (b-20) Unless otherwise required by this Code,
22out-of-school suspensions of longer than 3 days, expulsions,
23and disciplinary removals to alternative schools may be used
24only if other appropriate and available behavioral and
25disciplinary interventions have been attempted exhausted and
26the student's conduct poses a threat to the operation of the

 

 

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1school, poses a threat to the health or safety of students or
2school personnel, or causes a disruption to other students'
3learning opportunities continuing presence in school would
4either (i) pose a threat to the safety of other students,
5staff, or members of the school community or (ii)
6substantially disrupt, impede, or interfere with the operation
7of the school. For purposes of this subsection (b-20), the
8determination of whether the student's conduct poses a threat
9to the operation of the school, poses a threat to the health or
10safety of students or school personnel, or causes a disruption
11to other students' learning opportunities "threat to the
12safety of other students, staff, or members of the school
13community" and "substantially disrupt, impede, or interfere
14with the operation of the school" shall be made determined on a
15case-by-case basis and solely by school authorities officials.
16For purposes of this subsection (b-20), the determination of
17whether "appropriate and available behavioral and disciplinary
18interventions have been attempted exhausted" shall be made on
19a case-by-case basis and solely by school authorities
20officials. School officials shall make all reasonable efforts
21to resolve such threats, address such disruptions, and
22minimize the length of student exclusions to the greatest
23extent practicable. Within the suspension decision described
24in subsection (b) of this Section or the expulsion decision
25described in subsection (a) of this Section, it shall be
26documented whether other interventions were attempted or

 

 

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1whether it was determined that there were no other appropriate
2and available interventions.
3    (b-25) Students who are suspended out-of-school for longer
4than 3 4 school days shall be provided appropriate and
5available support services during the period of their
6suspension. For purposes of this subsection (b-25),
7"appropriate and available support services" shall be
8determined solely by school authorities. Within the suspension
9decision described in subsection (b) of this Section, it shall
10be documented whether such services are to be provided or
11whether it was determined that there are no such appropriate
12and available services.
13    A school district may refer students who are expelled to
14appropriate and available support services.
15    A school district shall create a policy to facilitate the
16re-engagement of students who are suspended out-of-school
17longer than 3 days, expelled, or returning from an alternative
18school setting.
19    The State Board of Education shall draft and publish
20guidance for the re-engagement of students who are suspended
21out-of-school, expelled, or returning from an alternative
22school setting in accordance with this Section and Section
2313A-4.
24    (b-30) A school district shall create a policy by which
25suspended students pupils, including those students pupils
26suspended from the school bus who do not have alternate

 

 

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1transportation to school, shall have the opportunity to make
2up work for equivalent academic credit. It shall be the
3responsibility of a student's pupil's parent or guardian to
4notify school officials that a student pupil suspended from
5the school bus does not have alternate transportation to
6school.
7    (c) A school board must invite a representative from a
8local mental health agency to consult with the board at the
9meeting whenever there is evidence that mental illness may be
10the cause of a student's expulsion or suspension.
11    (c-5) A school district School districts shall make
12reasonable efforts to provide ongoing professional development
13to all school personnel teachers, administrators, school board
14members, and school resource officers, and staff on the
15requirements of this Section and Section 10-20.14, the adverse
16consequences of school exclusion and justice-system
17involvement, effective classroom management strategies,
18culturally responsive discipline, trauma-responsive learning
19environments, as defined in subsection (b) of Section 3-11,
20the appropriate and available supportive services for the
21promotion of student attendance and engagement, and
22developmentally appropriate disciplinary methods that promote
23positive and healthy school climates.
24    (d) The board may expel a student for a definite period of
25time not to exceed 2 calendar years, as determined on a
26case-by-case basis. A student who is determined to have

 

 

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1brought one of the following objects to school, any
2school-sponsored activity or event, or any activity or event
3that bears a reasonable relationship to school shall be
4expelled 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.
22Expulsion or suspension shall be construed in a manner
23consistent with the federal Individuals with Disabilities
24Education Act. A student who is subject to suspension or
25expulsion as provided in this Section may be eligible for a
26transfer to an alternative school program in accordance with

 

 

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1Article 13A of the School Code.
2    (d-5) The board may suspend or by regulation authorize the
3superintendent of the district or the principal, assistant
4principal, or dean of students of any school to suspend a
5student for a period not to exceed 10 school days or may expel
6a student for a definite period of time not to exceed 2
7calendar years, as determined on a case-by-case basis, if (i)
8that student has been determined to have made an explicit
9threat on an Internet website against a school employee, a
10student, or any school-related personnel, (ii) the Internet
11website through which the threat was made is a site that was
12accessible within the school at the time the threat was made or
13was available to third parties who worked or studied within
14the school grounds at the time the threat was made, and (iii)
15the threat could be reasonably interpreted as threatening to
16the safety and security of the threatened individual because
17of the individual's his or her duties or employment status or
18status as a student inside the school.
19    (e) To maintain order and security in the schools, school
20authorities may inspect and search places and areas such as
21lockers, desks, parking lots, and other school property and
22equipment owned or controlled by the school, as well as
23personal effects left in those places and areas by students,
24without notice to or the consent of the student, and without a
25search warrant. As a matter of public policy, the General
26Assembly finds that students have no reasonable expectation of

 

 

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1privacy in these places and areas or in their personal effects
2left in these places and areas. School authorities may request
3the assistance of law enforcement officials for the purpose of
4conducting inspections and searches of lockers, desks, parking
5lots, and other school property and equipment owned or
6controlled by the school for illegal drugs, weapons, or other
7illegal or dangerous substances or materials, including
8searches conducted through the use of specially trained dogs.
9If a search conducted in accordance with this Section produces
10evidence that the student has violated or is violating either
11the law, local ordinance, or the school's policies or rules,
12such evidence may be seized by school authorities, and
13disciplinary action may be taken. School authorities may also
14turn over such evidence to law enforcement authorities.
15    (f) Suspension or expulsion may include suspension or
16expulsion from school and all school activities and a
17prohibition from being present on school grounds.
18    (g) A school district may adopt a policy providing that if
19a student is suspended or expelled for any reason from any
20public or private school in this or any other state, the
21student must complete the entire term of the suspension or
22expulsion in an alternative school program under Article 13A
23of this Code or an alternative learning opportunities program
24under Article 13B of this Code before being admitted into the
25school district if there is no threat to the safety of students
26or staff in the alternative program.

 

 

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1    (h) School officials shall not advise or encourage
2students to drop out voluntarily due to behavioral or academic
3difficulties.
4    (i) A student may not be issued a monetary fine or fee as a
5disciplinary consequence, though this shall not preclude
6requiring a student to provide restitution for lost, stolen,
7or damaged property.
8    (j) Subsections (a) through (i) of this Section shall
9apply to elementary and secondary schools, charter schools,
10special charter districts, and school districts organized
11under Article 34 of this Code.
12    (k) The expulsion of students children enrolled in
13programs funded under Section 1C-2 of this Code is subject to
14the requirements under paragraph (7) of subsection (a) of
15Section 2-3.71 of this Code.
16    (l) An Beginning with the 2018-2019 school year, an
17in-school suspension program provided by a school district for
18any students in kindergarten through grade 12 may focus on
19promoting non-violent conflict resolution and positive
20interaction with other students and school personnel. A school
21district may employ a school social worker or a licensed
22mental health professional to oversee an in-school suspension
23program in kindergarten through grade 12.
24(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
25102-813, eff. 5-13-22.)
 

 

 

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1    (Text of Section after amendment by P.A. 102-466)
2    Sec. 10-22.6. Suspension or expulsion of students pupils;
3school searches.
4    (a) To expel students pupils guilty of gross disobedience
5or misconduct, including gross disobedience or misconduct
6perpetuated by electronic means, pursuant to subsection (b-20)
7of this Section, and no action shall lie against them for such
8expulsion. Expulsion shall take place only after the parents
9or guardians have been requested to appear at a meeting of the
10board, or with a hearing officer appointed by it, to discuss
11their child's behavior. Such request shall be made by
12registered or certified mail and shall state the time, place
13and purpose of the meeting. The board, or a hearing officer
14appointed by it, at such meeting shall state the reasons for
15dismissal and the date on which the expulsion is to become
16effective. If a hearing officer is appointed by the board, the
17hearing officer he shall report to the board a written summary
18of the evidence heard at the meeting and the board may take
19such action thereon as it finds appropriate. If the board acts
20to expel a student pupil, the written expulsion decision shall
21detail the specific reasons why removing the student pupil
22from the learning environment is in the best interest of the
23school. The expulsion decision shall also include a rationale
24as to the specific duration of the expulsion. An expelled
25student pupil may be immediately transferred to an alternative
26program in the manner provided in Article 13A or 13B of this

 

 

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1Code. A student pupil must not be denied transfer because of
2the expulsion, except in cases in which such transfer is
3deemed to cause a threat to the safety of students or staff in
4the alternative program. Nothing in this subsection (a)
5precludes a suspension under subsection (b).
6    (b) To suspend or by policy to authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend
9students pupils guilty of gross disobedience or misconduct, or
10to suspend students pupils guilty of gross disobedience or
11misconduct on the school bus from riding the school bus,
12pursuant to subsections (b-15) and (b-20) of this Section, and
13no action shall lie against them for such suspension. The
14board may by policy authorize the superintendent of the
15district or the principal, assistant principal, or dean of
16students of any school to suspend students pupils guilty of
17such acts for a period not to exceed 10 school days. If a
18student pupil is suspended due to gross disobedience or
19misconduct on a school bus, the board may suspend the student
20from riding the school bus pupil in excess of 10 school days
21for safety reasons.
22    Any suspension shall be reported immediately to the
23parents or guardians of a student pupil along with a full
24statement of the reasons for such suspension and a notice of
25their right to a review. The school board must be given a
26summary of the notice, including the reason for the suspension

 

 

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

 

 

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1are the most serious and should only be used when the student's
2presence poses a threat to the operation of the school, poses a
3threat to the health or safety of students or school
4personnel, or causes a disruption to other students' learning
5opportunities. School officials shall limit the number and
6duration of expulsions and suspensions to the greatest extent
7practicable, and it is recommended that they use them only for
8legitimate educational purposes. To ensure that students are
9not excluded from school unnecessarily, it is recommended that
10school officials consider implementing proactive
11evidence-based interventions, as defined in subsection (d) of
12Section 10-20.14, that improve behavioral outcomes for all
13students. In addition, it is recommended that school officials
14consider forms of non-exclusionary discipline, if appropriate,
15prior to using out-of-school suspensions or expulsions. Forms
16of non-exclusionary discipline include, but are not limited
17to, in-school suspensions that allow students to continue
18academic instruction in an alternative environment,
19restorative practices, and small-group instruction on behavior
20management strategies.
21    (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or
24expel students for particular behaviors.
25    (b-15) Out-of-school suspensions of 3 days or less may be
26used only if the student's conduct poses a threat to the

 

 

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

 

 

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

 

 

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1suspension. For purposes of this subsection (b-25),
2"appropriate and available support services" shall be
3determined solely by school authorities. Within the suspension
4decision described in subsection (b) of this Section, it shall
5be documented whether such services are to be provided or
6whether it was determined that there are no such appropriate
7and available services.
8    A school district may refer students who are expelled to
9appropriate and available support services.
10    A school district shall create a policy to facilitate the
11re-engagement of students who are suspended out-of-school
12longer than 3 days, expelled, or returning from an alternative
13school setting.
14    The State Board of Education shall draft and publish
15guidance for the re-engagement of students who are suspended
16out-of-school, expelled, or returning from an alternative
17school setting in accordance with this Section and Section
1813A-4.
19    (b-30) A school district shall create a policy by which
20suspended students pupils, including those students pupils
21suspended from the school bus who do not have alternate
22transportation to school, shall have the opportunity to make
23up work for equivalent academic credit. It shall be the
24responsibility of a student's pupil's parents or guardians to
25notify school officials that a student pupil suspended from
26the school bus does not have alternate transportation to

 

 

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1school.
2    (b-35) In all suspension review hearings conducted under
3subsection (b) or expulsion hearings conducted under
4subsection (a), a student may disclose any factor to be
5considered in mitigation, including his or her status as a
6parent, expectant parent, or victim of domestic or sexual
7violence, as defined in Article 26A. A representative of the
8parent's or guardian's choice, or of the student's choice if
9emancipated, must be permitted to represent the student
10throughout the proceedings and to address the school board or
11its appointed hearing officer. With the approval of the
12student's parent or guardian, or of the student if
13emancipated, a support person must be permitted to accompany
14the student to any disciplinary hearings or proceedings. The
15representative or support person must comply with any rules of
16the school district's hearing process. If the representative
17or support person violates the rules or engages in behavior or
18advocacy that harasses, abuses, or intimidates either party, a
19witness, or anyone else in attendance at the hearing, the
20representative or support person may be prohibited from
21further participation in the hearing or proceeding. A
22suspension or expulsion proceeding under this subsection
23(b-35) must be conducted independently from any ongoing
24criminal investigation or proceeding, and an absence of
25pending or possible criminal charges, criminal investigations,
26or proceedings may not be a factor in school disciplinary

 

 

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1decisions.
2    (b-40) During a suspension review hearing conducted under
3subsection (b) or an expulsion hearing conducted under
4subsection (a) that involves allegations of sexual violence by
5the student who is subject to discipline, neither the student
6nor his or her representative shall directly question nor have
7direct contact with the alleged victim. The student who is
8subject to discipline or his or her representative may, at the
9discretion and direction of the school board or its appointed
10hearing officer, suggest questions to be posed by the school
11board or its appointed hearing officer to the alleged victim.
12    (c) A school board must invite a representative from a
13local mental health agency to consult with the board at the
14meeting whenever there is evidence that mental illness may be
15the cause of a student's expulsion or suspension.
16    (c-5) A school district School districts shall make
17reasonable efforts to provide ongoing professional development
18to all school personnel teachers, administrators, school board
19members, and school resource officers, and staff on the
20requirements of this Section and Section 10-20.14, the adverse
21consequences of school exclusion and justice-system
22involvement, effective classroom management strategies,
23culturally responsive discipline, trauma-responsive learning
24environments, as defined in subsection (b) of Section 3-11,
25the appropriate and available supportive services for the
26promotion of student attendance and engagement, and

 

 

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

 

 

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1Expulsion or suspension shall be construed in a manner
2consistent with the federal Individuals with Disabilities
3Education Act. A student who is subject to suspension or
4expulsion as provided in this Section may be eligible for a
5transfer to an alternative school program in accordance with
6Article 13A of the School Code.
7    (d-5) The board may suspend or by regulation authorize the
8superintendent of the district or the principal, assistant
9principal, or dean of students of any school to suspend a
10student for a period not to exceed 10 school days or may expel
11a student for a definite period of time not to exceed 2
12calendar years, as determined on a case-by-case basis, if (i)
13that student has been determined to have made an explicit
14threat on an Internet website against a school employee, a
15student, or any school-related personnel, (ii) the Internet
16website through which the threat was made is a site that was
17accessible within the school at the time the threat was made or
18was available to third parties who worked or studied within
19the school grounds at the time the threat was made, and (iii)
20the threat could be reasonably interpreted as threatening to
21the safety and security of the threatened individual because
22of the individual's his or her duties or employment status or
23status as a student inside the school.
24    (e) To maintain order and security in the schools, school
25authorities may inspect and search places and areas such as
26lockers, desks, parking lots, and other school property and

 

 

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1equipment owned or controlled by the school, as well as
2personal effects left in those places and areas by students,
3without notice to or the consent of the student, and without a
4search warrant. As a matter of public policy, the General
5Assembly finds that students have no reasonable expectation of
6privacy in these places and areas or in their personal effects
7left in these places and areas. School authorities may request
8the assistance of law enforcement officials for the purpose of
9conducting inspections and searches of lockers, desks, parking
10lots, and other school property and equipment owned or
11controlled by the school for illegal drugs, weapons, or other
12illegal or dangerous substances or materials, including
13searches conducted through the use of specially trained dogs.
14If a search conducted in accordance with this Section produces
15evidence that the student has violated or is violating either
16the law, local ordinance, or the school's policies or rules,
17such evidence may be seized by school authorities, and
18disciplinary action may be taken. School authorities may also
19turn over such evidence to law enforcement authorities.
20    (f) Suspension or expulsion may include suspension or
21expulsion from school and all school activities and a
22prohibition from being present on school grounds.
23    (g) A school district may adopt a policy providing that if
24a student is suspended or expelled for any reason from any
25public or private school in this or any other state, the
26student must complete the entire term of the suspension or

 

 

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1expulsion in an alternative school program under Article 13A
2of this Code or an alternative learning opportunities program
3under Article 13B of this Code before being admitted into the
4school district if there is no threat to the safety of students
5or staff in the alternative program. A school district that
6adopts a policy under this subsection (g) must include a
7provision allowing for consideration of any mitigating
8factors, including, but not limited to, a student's status as
9a parent, expectant parent, or victim of domestic or sexual
10violence, as defined in Article 26A.
11    (h) School officials shall not advise or encourage
12students to drop out voluntarily due to behavioral or academic
13difficulties.
14    (i) A student may not be issued a monetary fine or fee as a
15disciplinary consequence, though this shall not preclude
16requiring a student to provide restitution for lost, stolen,
17or damaged property.
18    (j) Subsections (a) through (i) of this Section shall
19apply to elementary and secondary schools, charter schools,
20special charter districts, and school districts organized
21under Article 34 of this Code.
22    (k) The expulsion of students children enrolled in
23programs funded under Section 1C-2 of this Code is subject to
24the requirements under paragraph (7) of subsection (a) of
25Section 2-3.71 of this Code.
26    (l) An Beginning with the 2018-2019 school year, an

 

 

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1in-school suspension program provided by a school district for
2any students in kindergarten through grade 12 may focus on
3promoting non-violent conflict resolution and positive
4interaction with other students and school personnel. A school
5district may employ a school social worker or a licensed
6mental health professional to oversee an in-school suspension
7program in kindergarten through grade 12.
8(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
9102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
10    Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
 
17    Section 99. Effective date. This Act takes effect upon
18becoming law.".