99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4234

 

Introduced , by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/34-19  from Ch. 122, par. 34-19

    Amends the School Code. With respect to the suspension of a pupil in school districts other than the Chicago school district, provides that the report of a suspension to the parents or guardian shall be by certified mail, return receipt requested, and the suspension shall take place only after receipt by the parents or guardian. With respect to the Chicago school district, provides that suspension of a pupil shall take place only after the parents or guardian of the pupil have received notice of the suspension by certified mail, return receipt requested.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
510-22.6 and 34-19 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
8searches.
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, and no action shall lie
12against them for such expulsion. Expulsion shall take place
13only after the parents have been requested to appear at a
14meeting of the board, or with a hearing officer appointed by
15it, to discuss their child's behavior. Such request shall be
16made by registered or certified mail and shall state the time,
17place and purpose of the meeting. The board, or a hearing
18officer appointed by it, at such meeting shall state the
19reasons for dismissal and the date on which the expulsion is to
20become effective. If a hearing officer is appointed by the
21board he shall report to the board a written summary of the
22evidence heard at the meeting and the board may take such
23action thereon as it finds appropriate. An expelled pupil may

 

 

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1be immediately transferred to an alternative program in the
2manner provided in Article 13A or 13B of this Code. A pupil
3must not be denied transfer because of the expulsion, except in
4cases in which such transfer is deemed to cause a threat to the
5safety of students or staff in the alternative program.
6    (b) To suspend or by policy to authorize the superintendent
7of the district or the principal, assistant principal, or dean
8of students of any school to suspend pupils guilty of gross
9disobedience or misconduct, or to suspend pupils guilty of
10gross disobedience or misconduct on the school bus from riding
11the school bus, and no action shall lie against them for such
12suspension. The board may by policy authorize the
13superintendent of the district or the principal, assistant
14principal, or dean of students of any school to suspend pupils
15guilty of such acts for a period not to exceed 10 school days.
16If a pupil is suspended due to gross disobedience or misconduct
17on a school bus, the board may suspend the pupil in excess of
1810 school days for safety reasons. Any suspension shall be
19reported immediately to the parents or guardian of such pupil,
20by certified mail, return receipt requested, along with a full
21statement of the reasons for such suspension and a notice of
22their right to a review, and the suspension shall take place
23only after receipt by the parents or guardian. The school board
24must be given a summary of the notice, including the reason for
25the suspension and the suspension length. Upon request of the
26parents or guardian the school board or a hearing officer

 

 

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1appointed by it shall review such action of the superintendent
2or principal, assistant principal, or dean of students. At such
3review the parents or guardian of the pupil may appear and
4discuss the suspension with the board or its hearing officer.
5If a hearing officer is appointed by the board he shall report
6to the board a written summary of the evidence heard at the
7meeting. After its hearing or upon receipt of the written
8report of its hearing officer, the board may take such action
9as it finds appropriate. A pupil who is suspended in excess of
1020 school days may be immediately transferred to an alternative
11program in the manner provided in Article 13A or 13B of this
12Code. A pupil must not be denied transfer because of the
13suspension, except in cases in which such transfer is deemed to
14cause a threat to the safety of students or staff in the
15alternative program.
16    (c) The Department of Human Services shall be invited to
17send a representative to consult with the board at such meeting
18whenever there is evidence that mental illness may be the cause
19for expulsion or suspension.
20    (d) The board may expel a student for a definite period of
21time not to exceed 2 calendar years, as determined on a case by
22case basis. A student who is determined to have brought one of
23the following objects to school, any school-sponsored activity
24or event, or any activity or event that bears a reasonable
25relationship to school shall be expelled for a period of not
26less than one year:

 

 

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1        (1) A firearm. For the purposes of this Section,
2    "firearm" means any gun, rifle, shotgun, weapon as defined
3    by Section 921 of Title 18 of the United States Code,
4    firearm as defined in Section 1.1 of the Firearm Owners
5    Identification Card Act, or firearm as defined in Section
6    24-1 of the Criminal Code of 2012. The expulsion period
7    under this subdivision (1) may be modified by the
8    superintendent, and the superintendent's determination may
9    be modified by the board on a case-by-case basis.
10        (2) A knife, brass knuckles or other knuckle weapon
11    regardless of its composition, a billy club, or any other
12    object if used or attempted to be used to cause bodily
13    harm, including "look alikes" of any firearm as defined in
14    subdivision (1) of this subsection (d). The expulsion
15    requirement under this subdivision (2) may be modified by
16    the superintendent, and the superintendent's determination
17    may be modified by the board on a case-by-case basis.
18Expulsion or suspension shall be construed in a manner
19consistent with the Federal Individuals with Disabilities
20Education Act. A student who is subject to suspension or
21expulsion as provided in this Section may be eligible for a
22transfer to an alternative school program in accordance with
23Article 13A of the School Code. The provisions of this
24subsection (d) apply in all school districts, including special
25charter districts and districts organized under Article 34.
26    (d-5) The board may suspend or by regulation authorize the

 

 

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1superintendent of the district or the principal, assistant
2principal, or dean of students of any school to suspend a
3student for a period not to exceed 10 school days or may expel
4a student for a definite period of time not to exceed 2
5calendar years, as determined on a case by case basis, if (i)
6that student has been determined to have made an explicit
7threat on an Internet website against a school employee, a
8student, or any school-related personnel, (ii) the Internet
9website through which the threat was made is a site that was
10accessible within the school at the time the threat was made or
11was available to third parties who worked or studied within the
12school grounds at the time the threat was made, and (iii) the
13threat could be reasonably interpreted as threatening to the
14safety and security of the threatened individual because of his
15or her duties or employment status or status as a student
16inside the school. The provisions of this subsection (d-5)
17apply in all school districts, including special charter
18districts and districts organized under Article 34 of this
19Code.
20    (e) To maintain order and security in the schools, school
21authorities may inspect and search places and areas such as
22lockers, desks, parking lots, and other school property and
23equipment owned or controlled by the school, as well as
24personal effects left in those places and areas by students,
25without notice to or the consent of the student, and without a
26search warrant. As a matter of public policy, the General

 

 

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1Assembly finds that students have no reasonable expectation of
2privacy in these places and areas or in their personal effects
3left in these places and areas. School authorities may request
4the assistance of law enforcement officials for the purpose of
5conducting inspections and searches of lockers, desks, parking
6lots, and other school property and equipment owned or
7controlled by the school for illegal drugs, weapons, or other
8illegal or dangerous substances or materials, including
9searches conducted through the use of specially trained dogs.
10If a search conducted in accordance with this Section produces
11evidence that the student has violated or is violating either
12the law, local ordinance, or the school's policies or rules,
13such evidence may be seized by school authorities, and
14disciplinary action may be taken. School authorities may also
15turn over such evidence to law enforcement authorities. The
16provisions of this subsection (e) apply in all school
17districts, including special charter districts and districts
18organized under Article 34.
19    (f) Suspension or expulsion may include suspension or
20expulsion from school and all school activities and a
21prohibition from being present on school grounds.
22    (g) A school district may adopt a policy providing that if
23a student is suspended or expelled for any reason from any
24public or private school in this or any other state, the
25student must complete the entire term of the suspension or
26expulsion in an alternative school program under Article 13A of

 

 

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1this Code or an alternative learning opportunities program
2under Article 13B of this Code before being admitted into the
3school district if there is no threat to the safety of students
4or staff in the alternative program. This subsection (g)
5applies to all school districts, including special charter
6districts and districts organized under Article 34 of this
7Code.
8(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10;
997-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12;
1097-1150, eff. 1-25-13.)
 
11    (105 ILCS 5/34-19)  (from Ch. 122, par. 34-19)
12    Sec. 34-19. By-laws, rules and regulations; business
13transacted at regular meetings; voting; records. The board
14shall, subject to the limitations in this Article, establish
15by-laws, rules and regulations, which shall have the force of
16ordinances, for the proper maintenance of a uniform system of
17discipline for both employees and pupils, and for the entire
18management of the schools, and may fix the school age of
19pupils, the minimum of which in kindergartens shall not be
20under 4 years, except that, based upon an assessment of the
21child's readiness, children who have attended a non-public
22preschool and continued their education at that school through
23kindergarten, were taught in kindergarten by an appropriately
24certified teacher, and will attain the age of 6 years on or
25before December 31 of the year of the 2009-2010 school term and

 

 

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1each school term thereafter may attend first grade upon
2commencement of such term, and in grade schools shall not be
3under 6 years. It may expel, suspend or, subject to the
4limitations of all policies established or adopted under
5Section 14-8.05, otherwise discipline any pupil found guilty of
6gross disobedience, misconduct or other violation of the
7by-laws, rules and regulations, including gross disobedience
8or misconduct perpetuated by electronic means. Suspension of a
9pupil shall take place only after the parents or guardian of
10the pupil have received notice of the suspension by certified
11mail, return receipt requested. An expelled pupil may be
12immediately transferred to an alternative program in the manner
13provided in Article 13A or 13B of this Code. A pupil must not
14be denied transfer because of the expulsion, except in cases in
15which such transfer is deemed to cause a threat to the safety
16of students or staff in the alternative program. A pupil who is
17suspended in excess of 20 school days may be immediately
18transferred to an alternative program in the manner provided in
19Article 13A or 13B of this Code. A pupil must not be denied
20transfer because of the suspension, except in cases in which
21such transfer is deemed to cause a threat to the safety of
22students or staff in the alternative program. The bylaws, rules
23and regulations of the board shall be enacted, money shall be
24appropriated or expended, salaries shall be fixed or changed,
25and textbooks, electronic textbooks, and courses of
26instruction shall be adopted or changed only at the regular

 

 

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1meetings of the board and by a vote of a majority of the full
2membership of the board; provided that notwithstanding any
3other provision of this Article or the School Code, neither the
4board or any local school council may purchase any textbook for
5use in any public school of the district from any textbook
6publisher that fails to furnish any computer diskettes as
7required under Section 28-21. Funds appropriated for textbook
8purchases must be available for electronic textbook purchases
9and the technological equipment necessary to gain access to and
10use electronic textbooks at the local school council's
11discretion. The board shall be further encouraged to provide
12opportunities for public hearing and testimony before the
13adoption of bylaws, rules and regulations. Upon all
14propositions requiring for their adoption at least a majority
15of all the members of the board the yeas and nays shall be
16taken and reported. The by-laws, rules and regulations of the
17board shall not be repealed, amended or added to, except by a
18vote of 2/3 of the full membership of the board. The board
19shall keep a record of all its proceedings. Such records and
20all by-laws, rules and regulations, or parts thereof, may be
21proved by a copy thereof certified to be such by the secretary
22of the board, but if they are printed in book or pamphlet form
23which are purported to be published by authority of the board
24they need not be otherwise published and the book or pamphlet
25shall be received as evidence, without further proof, of the
26records, by-laws, rules and regulations, or any part thereof,

 

 

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1as of the dates thereof as shown in such book or pamphlet, in
2all courts and places where judicial proceedings are had.
3    Notwithstanding any other provision in this Article or in
4the School Code, the board may delegate to the general
5superintendent or to the attorney the authorities granted to
6the board in the School Code, provided such delegation and
7appropriate oversight procedures are made pursuant to board
8by-laws, rules and regulations, adopted as herein provided,
9except that the board may not delegate its authorities and
10responsibilities regarding (1) budget approval obligations;
11(2) rule-making functions; (3) desegregation obligations; (4)
12real estate acquisition, sale or lease in excess of 10 years as
13provided in Section 34-21; (5) the levy of taxes; or (6) any
14mandates imposed upon the board by "An Act in relation to
15school reform in cities over 500,000, amending Acts herein
16named", approved December 12, 1988 (P.A. 85-1418).
17(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10;
1897-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff.
197-13-12.)