093_HB0205eng

HB0205 Engrossed                     LRB093 04208 NHT 04253 b

 1        AN  ACT  concerning  schools, which may be referred to as
 2    the Safe Options for Suspension Act.

 3        Be it enacted by the People of  the  State  of  Illinois,
 4    represented in the General Assembly:

 5        Section  5.   The  School  Code  is  amended  by changing
 6    Sections 10-22.6 and 34-19 as follows:

 7        (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
 8        Sec. 10-22.6. Suspension or expulsion of  pupils;  school
 9    searches.
10        (a)  To  expel  pupils  guilty  of  gross disobedience or
11    misconduct, 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 he shall report to
21    the board a written summary of  the  evidence  heard  at  the
22    meeting  and  the  board  may  take such action thereon as it
23    finds appropriate.
24        (b)  To  suspend  or  by  regulation  to  authorize   the
25    superintendent  of  the  district or the principal, assistant
26    principal, or dean of  students  of  any  school  to  suspend
27    pupils  guilty  of  gross  disobedience  or misconduct, or to
28    suspend pupils guilty of gross disobedience or misconduct  on
29    the  school  bus  from  riding  the school bus, and no action
30    shall lie against them for such suspension. The board may  by
31    regulation  authorize  the  superintendent of the district or
 
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 1    the principal, assistant principal, or dean  of  students  of
 2    any school to suspend pupils guilty of such acts for a period
 3    not  to exceed 10 school days. If a pupil is suspended due to
 4    gross disobedience or misconduct on a school bus,  the  board
 5    may  suspend the pupil in excess of 10 school days for safety
 6    reasons.  Any suspension shall be reported immediately to the
 7    parents or guardian of such pupil along with a full statement
 8    of the reasons for such suspension  and  a  notice  of  their
 9    right  to  a  review,  a  copy of which shall be given to the
10    school board. Upon request of the  parents  or  guardian  the
11    school  board  or  a  hearing  officer  appointed by it shall
12    review  such  action  of  the  superintendent  or  principal,
13    assistant principal, or dean of students.  At such review the
14    parents or guardian of the pupil may appear and  discuss  the
15    suspension  with  the  board  or  its  hearing  officer. If a
16    hearing officer is appointed by the board he shall report  to
17    the  board  a  written  summary  of the evidence heard at the
18    meeting. After its hearing or upon  receipt  of  the  written
19    report of its hearing officer, the board may take such action
20    as it finds appropriate.
21        Each   school   board  shall  compile  a  list  of  local
22    facilities and organizations that have an  education  program
23    that a suspended student can attend during the period of time
24    of  his  or  her suspension, if available. A copy of the list
25    shall be  filed  with  the  State  Board  of  Education.  The
26    suspension  may  not  take  effect  until  the  school  board
27    provides  the  student  and the student's parents or guardian
28    with a copy of the list and an official notice of  suspension
29    that  may  be shown to the education program that the student
30    is to attend to prove that the student is not a truant.
31        (c)  The Department of Human Services shall be invited to
32    send a representative to  consult  with  the  board  at  such
33    meeting whenever there is evidence that mental illness may be
34    the cause for expulsion or suspension.
 
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 1        (d)  The  board may expel a student for a definite period
 2    of time not to exceed 2 calendar years, as  determined  on  a
 3    case  by  case  basis.  A  student  who is determined to have
 4    brought a weapon to school, any school-sponsored activity  or
 5    event,  or  any  activity  or  event which bears a reasonable
 6    relationship to school shall be expelled for a period of  not
 7    less  than  one year, except that the expulsion period may be
 8    modified by  the  superintendent,  and  the  superintendent's
 9    determination  may be modified by the board on a case by case
10    basis. For the purpose of this  Section,  the  term  "weapon"
11    means  (1)  possession, use, control, or transfer of any gun,
12    rifle, shotgun, weapon as defined by Section 921 of Title 18,
13    United States Code, firearm as defined in Section 1.1 of  the
14    Firearm  Owners  Identification  Act,  or  use of a weapon as
15    defined in Section 24-1 of the Criminal Code, (2)  any  other
16    object  if used or attempted to be used to cause bodily harm,
17    including but not limited  to,  knives,  brass  knuckles,  or
18    billy clubs, or (3) "look alikes" of any weapon as defined in
19    this Section. Expulsion or suspension shall be construed in a
20    manner   consistent   with   the   Federal  Individuals  with
21    Disabilities Education Act.  A  student  who  is  subject  to
22    suspension  or  expulsion  as provided in this Section may be
23    eligible for a transfer to an alternative school  program  in
24    accordance   with  Article  13A  of  the  School  Code.   The
25    provisions  of  this  subsection  (d)  apply  in  all  school
26    districts, including special charter districts and  districts
27    organized under Article 34.
28        (e)  To  maintain  order  and  security  in  the schools,
29    school authorities may inspect and search  places  and  areas
30    such  as  lockers,  desks,  parking  lots,  and  other school
31    property and equipment owned or controlled by the school,  as
32    well  as  personal  effects left in those places and areas by
33    students, without notice to or the consent  of  the  student,
34    and  without a search warrant.  As a matter of public policy,
 
HB0205 Engrossed            -4-      LRB093 04208 NHT 04253 b
 1    the General Assembly finds that students have  no  reasonable
 2    expectation  of privacy in these places and areas or in their
 3    personal effects left in  these  places  and  areas.   School
 4    authorities  may  request  the  assistance of law enforcement
 5    officials for  the  purpose  of  conducting  inspections  and
 6    searches  of  lockers,  desks, parking lots, and other school
 7    property and equipment owned or controlled by the school  for
 8    illegal   drugs,  weapons,  or  other  illegal  or  dangerous
 9    substances or materials, including searches conducted through
10    the use of specially trained dogs.  If a search conducted  in
11    accordance  with  this  Section  produces  evidence  that the
12    student has violated or is violating either  the  law,  local
13    ordinance,  or  the school's policies or rules, such evidence
14    may be seized by school authorities, and disciplinary  action
15    may  be  taken.   School  authorities may also turn over such
16    evidence to law enforcement authorities.  The  provisions  of
17    this  subsection (e) apply in all school districts, including
18    special  charter  districts  and  districts  organized  under
19    Article 34.
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
24    if 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
27    expulsion before being admitted  into  the  school  district.
28    This  policy  may  allow  placement  of  the  student  in  an
29    alternative  school  program established under Article 13A of
30    this Code, if available, for the remainder of the  suspension
31    or  expulsion.   This  subsection  (g)  applies to all school
32    districts, including special charter districts and  districts
33    organized under Article 34 of this Code.
34    (Source: P.A. 92-64, eff. 7-12-01.)
 
HB0205 Engrossed            -5-      LRB093 04208 NHT 04253 b
 1        (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
 2        Sec.  34-19.  By-laws,  rules  and  regulations; business
 3    transacted at regular meetings; voting;  records.  The  board
 4    shall,  subject to the limitations in this Article, establish
 5    by-laws, rules and regulations, which shall have the force of
 6    ordinances, for the proper maintenance of a uniform system of
 7    discipline for both employees and pupils, and for the  entire
 8    management  of  the  schools,  and  may fix the school age of
 9    pupils, the minimum of which in kindergartens  shall  not  be
10    under  4  years  and  in  grade  schools shall not be under 6
11    years. It may expel, suspend or, subject to  the  limitations
12    of all policies established or adopted under Section 14-8.05,
13    otherwise   discipline   any  pupil  found  guilty  of  gross
14    disobedience, misconduct or other violation of  the  by-laws,
15    rules  and  regulations.  The  board  shall compile a list of
16    local facilities and organizations  that  have  an  education
17    program that a suspended student can attend during the period
18    of time of his or her suspension, if available. A copy of the
19    list  shall  be  filed with the State Board of Education. The
20    suspension may not take effect until the board  provides  the
21    student  and the student's parents or guardian with a copy of
22    the list and an official notice of  suspension  that  may  be
23    shown  to the education program that the student is to attend
24    to prove that the student is not a truant.  The bylaws, rules
25    and regulations of the board shall be enacted, money shall be
26    appropriated or expended, salaries shall be fixed or changed,
27    and textbooks and courses of instruction shall be adopted  or
28    changed  only  at  the regular meetings of the board and by a
29    vote of a majority of  the  full  membership  of  the  board;
30    provided  that  notwithstanding  any  other provision of this
31    Article or the School Code, neither the board  or  any  local
32    school  council  may  purchase  any  textbook  for use in any
33    public school of the district  from  any  textbook  publisher
34    that  fails  to  furnish  any  computer diskettes as required
 
HB0205 Engrossed            -6-      LRB093 04208 NHT 04253 b
 1    under Section 28-21. The board shall be further encouraged to
 2    provide opportunities for public hearing and testimony before
 3    the adoption of  bylaws,  rules  and  regulations.  Upon  all
 4    propositions requiring for their adoption at least a majority
 5    of  all  the  members of the board the yeas and nays shall be
 6    taken and reported. The by-laws, rules and regulations of the
 7    board shall not be repealed, amended or added to, except by a
 8    vote of 2/3 of the full membership of the  board.  The  board
 9    shall keep a record of all its proceedings.  Such records and
10    all  by-laws, rules and regulations, or parts thereof, may be
11    proved by  a  copy  thereof  certified  to  be  such  by  the
12    secretary  of  the  board, but if they are printed in book or
13    pamphlet  form  which  are  purported  to  be  published   by
14    authority  of  the board they need not be otherwise published
15    and the book or  pamphlet  shall  be  received  as  evidence,
16    without  further  proof,  of  the records, by-laws, rules and
17    regulations, or any part thereof, as of the dates thereof  as
18    shown  in  such  book  or  pamphlet, in all courts and places
19    where judicial proceedings are had.
20        Notwithstanding any other provision in this Article or in
21    the School Code,  the  board  may  delegate  to  the  general
22    superintendent  or to the attorney the authorities granted to
23    the board in the School Code, provided  such  delegation  and
24    appropriate  oversight  procedures are made pursuant to board
25    by-laws, rules and regulations, adopted as  herein  provided,
26    except  that  the  board may not delegate its authorities and
27    responsibilities regarding (1) budget  approval  obligations;
28    (2) rule-making functions; (3) desegregation obligations; (4)
29    real  estate acquisition, sale or lease in excess of 10 years
30    as provided in Section 34-21; (5) the levy of taxes;  or  (6)
31    any mandates imposed upon the board by "An Act in relation to
32    school  reform  in  cities over 500,000, amending Acts herein
33    named", approved December 12, 1988 (P.A. 85-1418).
34    (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
 
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 1        Section 99.  Effective date.  This Act takes effect  upon
 2    becoming law.