Elementary & Secondary Education Committee

Filed: 3/21/2007

 

 


 

 


 
09500HB3730ham001 LRB095 09587 NHT 34062 a

1
AMENDMENT TO HOUSE BILL 3730

2     AMENDMENT NO. ______. Amend House Bill 3730 by replacing
3 everything after the enacting clause with the following:
 
4     "Section 5. The School Code is amended by changing Sections
5 10-22.6 and 24-24 as follows:
 
6     (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7     Sec. 10-22.6. Suspension or expulsion of pupils; school
8 searches.
9     (a) To expel pupils guilty of gross disobedience or
10 misconduct, and no action shall lie against them for such
11 expulsion. Expulsion shall take place only after the parents
12 have been requested to appear at a meeting of the board, or
13 with a hearing officer appointed by it, to discuss their
14 child's behavior. Such request shall be made by registered or
15 certified mail and shall state the time, place and purpose of
16 the meeting. The board, or a hearing officer appointed by it,

 

 

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1 at such meeting shall state the reasons for dismissal and the
2 date on which the expulsion is to become effective. If a
3 hearing officer is appointed by the board he shall report to
4 the board a written summary of the evidence heard at the
5 meeting and the board may take such action thereon as it finds
6 appropriate.
7     (b) To suspend or by regulation to authorize the
8 superintendent of the district or the principal, assistant
9 principal, or dean of students of any school to suspend pupils
10 guilty of gross disobedience or misconduct, or to suspend
11 pupils guilty of gross disobedience or misconduct on the school
12 bus from riding the school bus, and no action shall lie against
13 them for such suspension. The board may by regulation authorize
14 the superintendent of the district or the principal, assistant
15 principal, or dean of students of any school to suspend pupils
16 guilty of such acts for a period not to exceed 10 school days.
17 If a pupil is suspended due to gross disobedience or misconduct
18 on a school bus, the board may suspend the pupil in excess of
19 10 school days for safety reasons. Any suspension shall be
20 reported immediately to the parents or guardian of such pupil
21 along with a full statement of the reasons for such suspension
22 and a notice of their right to a review, a copy of which shall
23 be given to the school board. Upon request of the parents or
24 guardian the school board or a hearing officer appointed by it
25 shall review such action of the superintendent or principal,
26 assistant principal, or dean of students. At such review the

 

 

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1 parents or guardian of the pupil may appear and discuss the
2 suspension with the board or its hearing officer. If a hearing
3 officer is appointed by the board he shall report to the board
4 a written summary of the evidence heard at the meeting. After
5 its hearing or upon receipt of the written report of its
6 hearing officer, the board may take such action as it finds
7 appropriate.
8     (c) The Department of Human Services shall be invited to
9 send a representative to consult with the board at such meeting
10 whenever there is evidence that mental illness may be the cause
11 for expulsion or suspension.
12     (d) The board may expel a student for a definite period of
13 time not to exceed 2 calendar years, as determined on a case by
14 case basis. A student who is determined to have brought a
15 weapon to school, any school-sponsored activity or event, or
16 any activity or event which bears a reasonable relationship to
17 school shall be expelled for a period of not less than one
18 year, except that the expulsion period may be modified by the
19 superintendent, and the superintendent's determination may be
20 modified by the board on a case by case basis. For the purpose
21 of this Section, the term "weapon" means (1) possession, use,
22 control, or transfer of any gun, rifle, shotgun, weapon as
23 defined by Section 921 of Title 18, United States Code, firearm
24 as defined in Section 1.1 of the Firearm Owners Identification
25 Act, or use of a weapon as defined in Section 24-1 of the
26 Criminal Code, (2) any other object if used or attempted to be

 

 

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1 used to cause bodily harm, including but not limited to,
2 knives, brass knuckles, or billy clubs, or (3) "look alikes" of
3 any weapon as defined in this Section. Expulsion or suspension
4 shall be construed in a manner consistent with the Federal
5 Individuals with Disabilities Education Act. A student who is
6 subject to suspension or expulsion as provided in this Section
7 may be eligible for a transfer to an alternative school program
8 in accordance with Article 13A of the School Code. The
9 provisions of this subsection (d) apply in all school
10 districts, including special charter districts and districts
11 organized under Article 34.
12     (e) To maintain order and security in the schools, school
13 authorities and teachers, acting on any reasonable suspicion
14 based on professional experience and judgment, may inspect and
15 search places and areas such as lockers, desks, parking lots,
16 and other school property and equipment owned or controlled by
17 the school, as well as personal effects left in those places
18 and areas by students, without notice to or the consent of the
19 student, and without a search warrant, if the inspection or
20 search is conducted to ensure that classrooms, school
21 buildings, school property, and students remain free from the
22 threat of illegal drugs, weapons, or other dangerous substances
23 or materials. The measures used to conduct an inspection or
24 search must be reasonably related to the inspection's or
25 search's objectives, without being excessively intrusive in
26 light of the student's age, sex, and the nature of the offense.

 

 

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1 As a matter of public policy, the General Assembly finds that
2 students have no reasonable expectation of privacy in these
3 places and areas or in their personal effects left in these
4 places and areas. School authorities may request the assistance
5 of law enforcement officials for the purpose of conducting
6 inspections and searches of lockers, desks, parking lots, and
7 other school property and equipment owned or controlled by the
8 school for illegal drugs, weapons, or other illegal or
9 dangerous substances or materials, including searches
10 conducted through the use of specially trained dogs. If a
11 search conducted in accordance with this Section produces
12 evidence that the student has violated or is violating either
13 the law, local ordinance, or the school's policies or rules,
14 such evidence may be seized by school authorities or a teacher,
15 and disciplinary action may be taken. School authorities or a
16 teacher may also turn over such evidence to law enforcement
17 authorities. The provisions of this subsection (e) apply in all
18 school districts, including special charter districts and
19 districts organized under 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 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 before being admitted into the school district. This
2 policy may allow placement of the student in an alternative
3 school program established under Article 13A of this Code, if
4 available, for the remainder of the suspension or expulsion.
5 This subsection (g) applies to all school districts, including
6 special charter districts and districts organized under
7 Article 34 of this Code.
8 (Source: P.A. 92-64, eff. 7-12-01.)
 
9     (105 ILCS 5/24-24)  (from Ch. 122, par. 24-24)
10     Sec. 24-24. Maintenance of discipline. Subject to the
11 limitations of all policies established or adopted under
12 Section 14-8.05, teachers, other certificated educational
13 employees, and any other person, whether or not a certificated
14 employee, providing a related service for or with respect to a
15 student shall maintain discipline in the schools, including
16 school grounds which are owned or leased by the board and used
17 for school purposes and activities. In all matters relating to
18 the discipline in and conduct of the schools and the school
19 children, they stand in the relation of parents and guardians
20 to the pupils. This relationship shall extend to all activities
21 connected with the school program, including all athletic and
22 extracurricular programs, and may be exercised at any time for
23 the safety and supervision of the pupils in the absence of
24 their parents or guardians.
25     As provided in and subject to the requirements of

 

 

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1 subsection (e) of Section 10-22.6 of this Code, teachers may
2 inspect and search places and areas owned or controlled by the
3 school, as well as personal effects left in those places and
4 areas by students, without notice to or the consent of the
5 student and without a search warrant.
6     Nothing in this Section affects the power of the board to
7 establish rules with respect to discipline; except that each
8 board shall establish a policy on discipline, and the policy so
9 established shall provide, subject to the limitations of all
10 policies established or adopted under Section 14-8.05, that a
11 teacher, other certificated employee, and any other person,
12 whether or not a certificated employee, providing a related
13 service for or with respect to a student may use reasonable
14 force as needed to maintain safety for the other students,
15 school personnel or persons or for the purpose of self defense
16 or the defense of property, shall provide that a teacher may
17 remove a student from the classroom for disruptive behavior,
18 and shall include provisions which provide due process to
19 students. The policy shall not include slapping, paddling or
20 prolonged maintenance of students in physically painful
21 positions nor shall it include the intentional infliction of
22 bodily harm.
23     The board may make and enforce reasonable rules of conduct
24 and sportsmanship for athletic and extracurricular school
25 events. Any person who violates such rules may be denied
26 admission to school events for not more than one year, provided

 

 

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1 that written 10 days notice of the violation is given such
2 person and a hearing had thereon by the board pursuant to its
3 rules and regulations. The administration of any school may
4 sign complaints as agents of the school against persons
5 committing any offense at school events.
6 (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff.
7 7-19-95.)
 
8     Section 99. Effective date. This Act takes effect upon
9 becoming law.".