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