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| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB5617 Introduced , by Rep. Emanuel Chris Welch SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/2-3.167 new | | 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 |
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Amends the School Code. Provides that the State Board of Education is, subject to appropriation, authorized to award competitive grants under a Safe Schools and Healthy Learning Environments Program. Provides that under the program, selected school districts must reallocate funding for school-based law enforcement personnel in some or all of their schools to other evidence-based and promising practices designed to promote school safety and healthy learning environments, including, but not limited to, restorative justice programs; increased use of school psychologists, social workers, and other mental and behavioral health specialists; drug and alcohol treatment services; wraparound services for youth; and training for school staff on conflict resolution techniques and other disciplinary alternatives. Provides that the program shall match the amount that is reallocated from school-based law enforcement personnel to alternative methods of addressing student behavior on a dollar-for-dollar basis. Prohibits grant funds from being used to increase the use of school-based security personnel. Provides for an annual report to update progress on the Program. Prohibits arrest or being otherwise cited for a criminal offense committed during school hours while on school grounds, in school vehicles, or at school activities or sanctioned events except in certain circumstances. Effective August 1, 2016.
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| | | FISCAL NOTE ACT MAY APPLY | |
| | A BILL FOR |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 10-22.6 and by adding Section 2-3.167 as follows: |
6 | | (105 ILCS 5/2-3.167 new) |
7 | | Sec. 2-3.167. Safe Schools and Healthy Learning |
8 | | Environments Program. |
9 | | (a) The General Assembly recognizes that (i) many K-12 |
10 | | students around the State are arrested in school and sent into |
11 | | the justice system, often for minor offenses that do not pose a |
12 | | serious threat to school safety; (ii) many schools across the |
13 | | State have become overly reliant on law enforcement personnel |
14 | | to handle routine school disciplinary matters; (iii) many |
15 | | student behaviors that result in arrest in some schools are |
16 | | addressed without involving the justice system in others; (iv) |
17 | | the over-criminalization of K-12 students has had significant |
18 | | negative consequences for students, families, and entire |
19 | | communities; (v) these dynamics, known as the |
20 | | "school-to-prison pipeline", have disproportionately affected |
21 | | students of color; (vi) these practices impose substantial |
22 | | economic costs on both localities and the State overall; (vii) |
23 | | the use of school-based law enforcement has not been proven |
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1 | | effective as a strategy to promote safe and productive schools; |
2 | | and (viii) eliminating unnecessary school-based arrests and |
3 | | law enforcement presence in school while promoting the use of |
4 | | developmentally appropriate alternatives will protect school |
5 | | safety, improve school climate, raise academic achievement, |
6 | | and save taxpayer dollars. |
7 | | (b) The State Board of Education, subject to appropriation, |
8 | | is authorized to award competitive grants under a Safe Schools |
9 | | and Healthy Learning Environments Program. Under this program, |
10 | | selected school districts must reallocate funding for |
11 | | school-based law enforcement personnel in some or all of their |
12 | | schools to other evidence-based and promising practices |
13 | | designed to promote school safety and healthy learning |
14 | | environments, including, but not limited to, restorative |
15 | | justice programs; increased use of school psychologists, |
16 | | social workers, and other mental and behavioral health |
17 | | specialists; drug and alcohol treatment services; wraparound |
18 | | services for youth; and training for school staff on conflict |
19 | | resolution techniques and other disciplinary alternatives. For |
20 | | grant recipients, the Safe Schools and Healthy Learning |
21 | | Environments Program shall match the amount that is reallocated |
22 | | from school-based law enforcement personnel to alternative |
23 | | methods of addressing student behavior on a dollar-for-dollar |
24 | | basis. |
25 | | Grant funds shall not be used to increase the use of |
26 | | school-based security personnel. Grant funds may be used to |
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1 | | transition from school-based law enforcement personnel to |
2 | | alternative patrol structures. Nothing in this Section shall |
3 | | prohibit school districts from involving law enforcement |
4 | | personnel when necessary and allowed by law. |
5 | | (c) The State Board of Education shall annually disseminate |
6 | | a request for applications to this program and funds shall be |
7 | | distributed annually. The criteria to be considered by the |
8 | | State Board of Education in awarding funds shall be (i) the |
9 | | demonstrated need for the funds, as indicated by past use of |
10 | | school-based arrests, and (ii) the degree to which the proposal |
11 | | fulfills the goals of this Section. |
12 | | (d) The State Superintendent of Education, in cooperation |
13 | | with the school districts participating in the program, shall |
14 | | submit an annual report to the General Assembly on the results |
15 | | of the program, including the progress being made in reducing |
16 | | both unnecessary school-based arrests and the over-reliance on |
17 | | school-based law enforcement to address school disciplinary |
18 | | matters, and the effects of the program on school safety and |
19 | | school climate. |
20 | | (e) The State Board of Education shall adopt rules |
21 | | necessary for the implementation of this program.
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22 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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23 | | (Text of Section before amendment by P.A. 99-456 ) |
24 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
25 | | searches.
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1 | | (a) To expel pupils guilty of gross disobedience or |
2 | | misconduct, including gross disobedience or misconduct |
3 | | perpetuated by electronic means, and
no action shall lie |
4 | | against them for such expulsion. Expulsion shall
take place |
5 | | only after the parents have been requested to appear at a
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6 | | meeting of the board, or with a hearing officer appointed by |
7 | | it, to
discuss their child's behavior. Such request shall be |
8 | | made by registered
or certified mail and shall state the time, |
9 | | place and purpose of the
meeting. The board, or a hearing |
10 | | officer appointed by it, at such
meeting shall state the |
11 | | reasons for dismissal and the date on which the
expulsion is to |
12 | | become effective. 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 and the board may take such |
15 | | action thereon as it
finds appropriate. An expelled pupil may |
16 | | be immediately transferred to an alternative program in the |
17 | | manner provided in Article 13A or 13B of this Code. A pupil |
18 | | must not be denied transfer because of the expulsion, except in |
19 | | cases in which such transfer is deemed to cause a threat to the |
20 | | safety of students or staff in the alternative program.
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21 | | (b) To suspend or by policy to authorize the superintendent |
22 | | of
the district or the principal, assistant principal, or dean |
23 | | of students
of any school to suspend pupils guilty of gross |
24 | | disobedience or misconduct, or
to suspend pupils guilty of |
25 | | gross disobedience or misconduct on the school bus
from riding |
26 | | the school bus, and no action
shall lie against them for such |
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1 | | suspension. The board may by policy
authorize the |
2 | | superintendent of the district or the principal, assistant
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3 | | principal, or dean of students of any
school to suspend pupils |
4 | | guilty of such acts for a period not to exceed
10 school days. |
5 | | If a pupil is suspended due to gross disobedience or misconduct
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6 | | on a school bus, the board may suspend the pupil in excess of |
7 | | 10
school
days for safety reasons. Any suspension shall be |
8 | | reported immediately to the
parents or guardian of such pupil |
9 | | along with a full statement of the
reasons for such suspension |
10 | | and a notice of their right to a review. The school board must |
11 | | be given a summary of the notice, including the reason for the |
12 | | suspension and the suspension length. Upon request of the
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13 | | parents or guardian the school board or a hearing officer |
14 | | appointed by
it shall review such action of the superintendent |
15 | | or principal, assistant
principal, or dean of students. At such
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16 | | review the parents or guardian of the pupil may appear and |
17 | | discuss the
suspension with the board or its hearing officer. |
18 | | If a hearing officer
is appointed by the board he shall report |
19 | | to the board a written summary
of the evidence heard at the |
20 | | meeting. After its hearing or upon receipt
of the written |
21 | | report of its hearing officer, the board may take such
action |
22 | | as it finds appropriate. A pupil who is suspended in excess of |
23 | | 20 school days may be immediately transferred to an alternative |
24 | | program in the manner provided in Article 13A or 13B of this |
25 | | Code. A pupil must not be denied transfer because of the |
26 | | suspension, except in cases in which such transfer is deemed to |
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1 | | cause a threat to the safety of students or staff in the |
2 | | alternative program.
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3 | | (c) The Department of Human Services
shall be invited to |
4 | | send a representative to consult with the board at
such meeting |
5 | | whenever there is evidence that mental illness may be the
cause |
6 | | for expulsion or suspension.
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7 | | (d) The board may expel a student for a definite period of |
8 | | time not to
exceed 2 calendar years, as determined on a case by |
9 | | case basis.
A student who
is determined to have brought one of |
10 | | the following objects to school, any school-sponsored activity
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11 | | or event, or any activity or event that bears a reasonable |
12 | | relationship to school shall be expelled for a period of not |
13 | | less than
one year: |
14 | | (1) A firearm. For the purposes of this Section, |
15 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
16 | | by Section 921 of Title 18 of the United States Code, |
17 | | firearm as defined in Section 1.1 of the Firearm Owners |
18 | | Identification Card Act, or firearm as defined in Section |
19 | | 24-1 of the Criminal Code of 2012. The expulsion period |
20 | | under this subdivision (1) may be modified by the |
21 | | superintendent, and the superintendent's determination may |
22 | | be modified by the board on a case-by-case basis. |
23 | | (2) A knife, brass knuckles or other knuckle weapon |
24 | | regardless of its composition, a billy club, or any other |
25 | | object if used or attempted to be used to cause bodily |
26 | | harm, including "look alikes" of any firearm as defined in |
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1 | | subdivision (1) of this subsection (d). The expulsion |
2 | | requirement under this subdivision (2) may be modified by |
3 | | the superintendent, and the superintendent's determination |
4 | | may be modified by the board on a case-by-case basis. |
5 | | Expulsion
or suspension
shall be construed in a
manner |
6 | | consistent with the Federal Individuals with Disabilities |
7 | | Education
Act. A student who is subject to suspension or |
8 | | expulsion as provided in this
Section may be eligible for a |
9 | | transfer to an alternative school program in
accordance with |
10 | | Article 13A of the School Code. The provisions of this
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11 | | subsection (d) apply in all school districts,
including special |
12 | | charter districts and districts organized under Article 34.
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13 | | (d-5) The board may suspend or by regulation
authorize the |
14 | | superintendent of the district or the principal, assistant
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15 | | principal, or dean of students of any
school to suspend a |
16 | | student for a period not to exceed
10 school days or may expel |
17 | | a student for a definite period of time not to
exceed 2 |
18 | | calendar years, as determined on a case by case basis, if (i) |
19 | | that student has been determined to have made an explicit |
20 | | threat on an Internet website against a school employee, a |
21 | | student, or any school-related personnel, (ii) the Internet |
22 | | website through which the threat was made is a site that was |
23 | | accessible within the school at the time the threat was made or |
24 | | was available to third parties who worked or studied within the |
25 | | school grounds at the time the threat was made, and (iii) the |
26 | | threat could be reasonably interpreted as threatening to the |
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1 | | safety and security of the threatened individual because of his |
2 | | or her duties or employment status or status as a student |
3 | | inside the school. The provisions of this
subsection (d-5) |
4 | | apply in all school districts,
including special charter |
5 | | districts and districts organized under Article 34 of this |
6 | | Code.
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7 | | (e) To maintain order and security in the schools, school |
8 | | authorities may
inspect and search places and areas such as |
9 | | lockers, desks, parking lots, and
other school property and |
10 | | equipment owned or controlled by the school, as well
as |
11 | | personal effects left in those places and areas by students, |
12 | | without notice
to or the consent of the student, and without a |
13 | | search warrant. As a matter of
public policy, the General |
14 | | Assembly finds that students have no reasonable
expectation of |
15 | | privacy in these places and areas or in their personal effects
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16 | | left in these places and areas. School authorities may request |
17 | | the assistance
of law enforcement officials for the purpose of |
18 | | conducting inspections and
searches of lockers, desks, parking |
19 | | lots, and other school property and
equipment owned or |
20 | | controlled by the school for illegal drugs, weapons, or
other
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21 | | illegal or dangerous substances or materials, including |
22 | | searches conducted
through the use of specially trained dogs. |
23 | | If a search conducted in accordance
with this Section produces |
24 | | evidence that the student has violated or is
violating either |
25 | | the law, local ordinance, or the school's policies or rules,
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26 | | such evidence may be seized by school authorities, and |
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1 | | disciplinary action may
be taken. School authorities may also |
2 | | turn over such evidence to law
enforcement authorities. The |
3 | | provisions of this subsection (e) apply in all
school |
4 | | districts, including special charter districts and districts |
5 | | organized
under Article 34.
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6 | | (f) Suspension or expulsion may include suspension or |
7 | | expulsion from
school and all school activities and a |
8 | | prohibition from being present on school
grounds.
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9 | | (g) A school district may adopt a policy providing that if |
10 | | a student
is suspended or expelled for any reason from any |
11 | | public or private school
in this or any other state, the |
12 | | student must complete the entire term of
the suspension or |
13 | | expulsion in an alternative school program under Article 13A of |
14 | | this Code or an alternative learning opportunities program |
15 | | under Article 13B of this Code before being admitted into the |
16 | | school
district if there is no threat to the safety of students |
17 | | or staff in the alternative program. This subsection (g) |
18 | | applies to
all school districts, including special charter |
19 | | districts and districts
organized under Article 34 of this |
20 | | Code.
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21 | | (i-5) A student may not be arrested or otherwise cited for |
22 | | a criminal offense committed during school hours while on |
23 | | school grounds, in school vehicles, or at school activities or |
24 | | sanctioned events unless: |
25 | | (1) the offense would constitute a felony, if committed |
26 | | outside of the school setting, in one of the classes |
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1 | | defined in the Criminal Code of 2012; |
2 | | (2) the offense involved an act of physical violence |
3 | | against another person or resulted in a serious bodily |
4 | | injury to that person, and the arrest of the student is |
5 | | necessary to avoid an ongoing threat to the physical safety |
6 | | of other members of the school community; |
7 | | (3) the offense involved the use of a firearm; or |
8 | | (4) the offense involved an act of criminal sexual |
9 | | abuse. |
10 | | While the option to use justice-system interventions is |
11 | | available under these conditions, they shall only be used as a |
12 | | last resort, when there are no other options for safely and |
13 | | appropriately handling the situation. |
14 | | School employees and officials retain their authority and |
15 | | discretion under law to address offenses not specified within |
16 | | items (1) through (4) of this subsection (i-5) through the |
17 | | school disciplinary process. Nothing in this subsection (i-5) |
18 | | shall limit the rights and duties of teachers, school |
19 | | administrators, other school district employees, and law |
20 | | enforcement officers from reporting and responding to criminal |
21 | | conduct by any individual who is not a student under the school |
22 | | district's jurisdiction. |
23 | | This subsection (i-5) shall apply to each elementary and |
24 | | secondary school, charter school, special charter district, |
25 | | and district organized under Article 34 of this Code. |
26 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; |
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1 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; |
2 | | 97-1150, eff. 1-25-13.) |
3 | | (Text of Section after amendment by P.A. 99-456 ) |
4 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
5 | | searches.
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6 | | (a) To expel pupils guilty of gross disobedience or |
7 | | misconduct, including gross disobedience or misconduct |
8 | | perpetuated by electronic means, pursuant to subsection (b-20) |
9 | | of this Section, and
no action shall lie against them for such |
10 | | expulsion. Expulsion shall
take place only after the parents |
11 | | have been requested to appear at a
meeting of the board, or |
12 | | with a hearing officer appointed by it, to
discuss their |
13 | | child's behavior. Such request shall be made by registered
or |
14 | | certified mail and shall state the time, place and purpose of |
15 | | the
meeting. The board, or a hearing officer appointed by it, |
16 | | at such
meeting shall state the reasons for dismissal and the |
17 | | date on which the
expulsion is to become effective. If a |
18 | | hearing officer is appointed by
the board he shall report to |
19 | | the board a written summary of the evidence
heard at the |
20 | | meeting and the board may take such action thereon as it
finds |
21 | | appropriate. If the board acts to expel a pupil, the written |
22 | | expulsion decision shall detail the specific reasons why |
23 | | removing the pupil from the learning environment is in the best |
24 | | interest of the school. The expulsion decision shall also |
25 | | include a rationale as to the specific duration of the |
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1 | | expulsion. An expelled pupil may be immediately transferred to |
2 | | an alternative program in the manner provided in Article 13A or |
3 | | 13B of this Code. A pupil must not be denied transfer because |
4 | | of the expulsion, except in cases in which such transfer is |
5 | | deemed to cause a threat to the safety of students or staff in |
6 | | the alternative program.
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7 | | (b) To suspend or by policy to authorize the superintendent |
8 | | of
the district or the principal, assistant principal, or dean |
9 | | of students
of any school to suspend pupils guilty of gross |
10 | | disobedience or misconduct, or
to suspend pupils guilty of |
11 | | gross disobedience or misconduct on the school bus
from riding |
12 | | the school bus, pursuant to subsections (b-15) and (b-20) of |
13 | | this Section, and no action
shall lie against them for such |
14 | | suspension. The board may by policy
authorize the |
15 | | superintendent of the district or the principal, assistant
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16 | | principal, or dean of students of any
school to suspend pupils |
17 | | guilty of such acts for a period not to exceed
10 school days. |
18 | | If a pupil is suspended due to gross disobedience or misconduct
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19 | | on a school bus, the board may suspend the pupil in excess of |
20 | | 10
school
days for safety reasons. |
21 | | Any suspension shall be reported immediately to the
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22 | | parents or guardian of a pupil along with a full statement of |
23 | | the
reasons for such suspension and a notice of their right to |
24 | | a review. The school board must be given a summary of the |
25 | | notice, including the reason for the suspension and the |
26 | | suspension length. Upon request of the
parents or guardian the |
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1 | | school board or a hearing officer appointed by
it shall review |
2 | | such action of the superintendent or principal, assistant
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3 | | principal, or dean of students. At such
review the parents or |
4 | | guardian of the pupil may appear and discuss the
suspension |
5 | | with the board or its hearing officer. If a hearing officer
is |
6 | | appointed by the board he shall report to the board a written |
7 | | summary
of the evidence heard at the meeting. After its hearing |
8 | | or upon receipt
of the written report of its hearing officer, |
9 | | the board may take such
action as it finds appropriate. If a |
10 | | student is suspended pursuant to this subsection (b), the board |
11 | | shall, in the written suspension decision, detail the specific |
12 | | act of gross disobedience or misconduct resulting in the |
13 | | decision to suspend. The suspension decision shall also include |
14 | | a rationale as to the specific duration of the suspension. A |
15 | | pupil who is suspended in excess of 20 school days may be |
16 | | immediately transferred to an alternative program in the manner |
17 | | provided in Article 13A or 13B of this Code. A pupil must not |
18 | | be denied transfer because of the suspension, except in cases |
19 | | in which such transfer is deemed to cause a threat to the |
20 | | safety of students or staff in the alternative program.
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21 | | (b-5) Among the many possible disciplinary interventions |
22 | | and consequences available to school officials, school |
23 | | exclusions, such as out-of-school suspensions and expulsions, |
24 | | are the most serious. School officials shall limit the number |
25 | | and duration of expulsions and suspensions to the greatest |
26 | | extent practicable, and it is recommended that they use them |
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1 | | only for legitimate educational purposes. To ensure that |
2 | | students are not excluded from school unnecessarily, it is |
3 | | recommended that school officials consider forms of |
4 | | non-exclusionary discipline prior to using out-of-school |
5 | | suspensions or expulsions. |
6 | | (b-10) Unless otherwise required by federal law or this |
7 | | Code, school boards may not institute zero-tolerance policies |
8 | | by which school administrators are required to suspend or expel |
9 | | students for particular behaviors. |
10 | | (b-15) Out-of-school suspensions of 3 days or less may be |
11 | | used only if the student's continuing presence in school would |
12 | | pose a threat to school safety or a disruption to other |
13 | | students' learning opportunities. For purposes of this |
14 | | subsection (b-15), "threat to school safety or a disruption to |
15 | | other students' learning opportunities" shall be determined on |
16 | | a case-by-case basis by the school board or its designee. |
17 | | School officials shall make all reasonable efforts to resolve |
18 | | such threats, address such disruptions, and minimize the length |
19 | | of suspensions to the greatest extent practicable. |
20 | | (b-20) Unless otherwise required by this Code, |
21 | | out-of-school suspensions of longer than 3 days, expulsions, |
22 | | and disciplinary removals to alternative schools may be used |
23 | | only if other appropriate and available behavioral and |
24 | | disciplinary interventions have been exhausted and the |
25 | | student's continuing presence in school would either (i) pose a
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26 | | threat to the safety of other students, staff, or members of
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1 | | the school community or (ii) substantially disrupt, impede, or
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2 | | interfere with the operation of the school. For purposes of |
3 | | this subsection (b-20), "threat to the safety of other |
4 | | students, staff, or members of the school community" and |
5 | | "substantially disrupt, impede, or interfere with the |
6 | | operation of the school" shall be determined on a case-by-case |
7 | | basis by school officials. For purposes of this subsection |
8 | | (b-20), the determination of whether "appropriate and |
9 | | available behavioral and disciplinary interventions have been |
10 | | exhausted" shall be made by school officials. School officials |
11 | | shall make all reasonable efforts to resolve such threats, |
12 | | address such disruptions, and minimize the length of student |
13 | | exclusions to the greatest extent practicable. Within the |
14 | | suspension decision described in subsection (b) of this Section |
15 | | or the expulsion decision described in subsection (a) of this |
16 | | Section, it shall be documented whether other interventions |
17 | | were attempted or whether it was determined that there were no |
18 | | other appropriate and available interventions. |
19 | | (b-25) Students who are suspended out-of-school for longer |
20 | | than 4 school days shall be provided appropriate and available |
21 | | support services during the period of their suspension. For |
22 | | purposes of this subsection (b-25), "appropriate and available |
23 | | support services" shall be determined by school authorities. |
24 | | Within the suspension decision described in subsection (b) of |
25 | | this Section, it shall be documented whether such services are |
26 | | to be provided or whether it was determined that there are no |
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1 | | such appropriate and available services. |
2 | | A school district may refer students who are expelled to |
3 | | appropriate and available support services. |
4 | | A school district shall create a policy to facilitate the |
5 | | re-engagement of students who are suspended out-of-school, |
6 | | expelled, or returning from an alternative school setting. |
7 | | (b-30) A school district shall create a policy by which |
8 | | suspended pupils, including those pupils suspended from the |
9 | | school bus who do not have alternate transportation to school, |
10 | | shall have the opportunity to make up work for equivalent |
11 | | academic credit. It shall be the responsibility of a pupil's |
12 | | parent or guardian to notify school officials that a pupil |
13 | | suspended from the school bus does not have alternate |
14 | | transportation to school. |
15 | | (c) The Department of Human Services
shall be invited to |
16 | | send a representative to consult with the board at
such meeting |
17 | | whenever there is evidence that mental illness may be the
cause |
18 | | for expulsion or suspension.
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19 | | (c-5) School districts shall make reasonable efforts to |
20 | | provide ongoing professional development to teachers, |
21 | | administrators, school board members, school resource |
22 | | officers, and staff on the adverse consequences of school |
23 | | exclusion and justice-system involvement, effective classroom |
24 | | management strategies, culturally responsive discipline, and |
25 | | developmentally appropriate disciplinary methods that promote |
26 | | positive and healthy school climates. |
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1 | | (d) The board may expel a student for a definite period of |
2 | | time not to
exceed 2 calendar years, as determined on a case by |
3 | | case basis.
A student who
is determined to have brought one of |
4 | | the following objects to school, any school-sponsored activity
|
5 | | or event, or any activity or event that bears a reasonable |
6 | | relationship to school shall be expelled for a period of not |
7 | | less than
one year: |
8 | | (1) A firearm. For the purposes of this Section, |
9 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
10 | | by Section 921 of Title 18 of the United States Code, |
11 | | firearm as defined in Section 1.1 of the Firearm Owners |
12 | | Identification Card Act, or firearm as defined in Section |
13 | | 24-1 of the Criminal Code of 2012. The expulsion period |
14 | | under this subdivision (1) may be modified by the |
15 | | superintendent, and the superintendent's determination may |
16 | | be modified by the board on a case-by-case basis. |
17 | | (2) A knife, brass knuckles or other knuckle weapon |
18 | | regardless of its composition, a billy club, or any other |
19 | | object if used or attempted to be used to cause bodily |
20 | | harm, including "look alikes" of any firearm as defined in |
21 | | subdivision (1) of this subsection (d). The expulsion |
22 | | requirement under this subdivision (2) may be modified by |
23 | | the superintendent, and the superintendent's determination |
24 | | may be modified by the board on a case-by-case basis. |
25 | | Expulsion
or suspension
shall be construed in a
manner |
26 | | consistent with the Federal Individuals with Disabilities |
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1 | | Education
Act. A student who is subject to suspension or |
2 | | expulsion as provided in this
Section may be eligible for a |
3 | | transfer to an alternative school program in
accordance with |
4 | | Article 13A of the School Code.
|
5 | | (d-5) The board may suspend or by regulation
authorize the |
6 | | superintendent of the district or the principal, assistant
|
7 | | principal, or dean of students of any
school to suspend a |
8 | | student for a period not to exceed
10 school days or may expel |
9 | | a student for a definite period of time not to
exceed 2 |
10 | | calendar years, as determined on a case by case basis, if (i) |
11 | | that student has been determined to have made an explicit |
12 | | threat on an Internet website against a school employee, a |
13 | | student, or any school-related personnel, (ii) the Internet |
14 | | website through which the threat was made is a site that was |
15 | | accessible within the school at the time the threat was made or |
16 | | was available to third parties who worked or studied within the |
17 | | school grounds at the time the threat was made, and (iii) the |
18 | | threat could be reasonably interpreted as threatening to the |
19 | | safety and security of the threatened individual because of his |
20 | | or her duties or employment status or status as a student |
21 | | inside the school.
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22 | | (e) To maintain order and security in the schools, school |
23 | | authorities may
inspect and search places and areas such as |
24 | | lockers, desks, parking lots, and
other school property and |
25 | | equipment owned or controlled by the school, as well
as |
26 | | personal effects left in those places and areas by students, |
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1 | | without notice
to or the consent of the student, and without a |
2 | | search warrant. As a matter of
public policy, the General |
3 | | Assembly finds that students have no reasonable
expectation of |
4 | | privacy in these places and areas or in their personal effects
|
5 | | left in these places and areas. School authorities may request |
6 | | the assistance
of law enforcement officials for the purpose of |
7 | | conducting inspections and
searches of lockers, desks, parking |
8 | | lots, and other school property and
equipment owned or |
9 | | controlled by the school for illegal drugs, weapons, or
other
|
10 | | illegal or dangerous substances or materials, including |
11 | | searches conducted
through the use of specially trained dogs. |
12 | | If a search conducted in accordance
with this Section produces |
13 | | evidence that the student has violated or is
violating either |
14 | | the law, local ordinance, or the school's policies or rules,
|
15 | | such evidence may be seized by school authorities, and |
16 | | disciplinary action may
be taken. School authorities may also |
17 | | turn over such evidence to law
enforcement authorities.
|
18 | | (f) Suspension or expulsion may include suspension or |
19 | | expulsion from
school and all school activities and a |
20 | | prohibition from being present on school
grounds.
|
21 | | (g) A school district may adopt a policy providing that if |
22 | | a student
is suspended or expelled for any reason from any |
23 | | public or private school
in this or any other state, the |
24 | | student must complete the entire term of
the suspension or |
25 | | expulsion in an alternative school program under Article 13A of |
26 | | this Code or an alternative learning opportunities program |
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1 | | under Article 13B of this Code before being admitted into the |
2 | | school
district if there is no threat to the safety of students |
3 | | or staff in the alternative program.
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4 | | (h) School officials shall not advise or encourage students |
5 | | to drop out voluntarily due to behavioral or academic |
6 | | difficulties. |
7 | | (i) A student may not be issued a monetary fine or fee as a |
8 | | disciplinary consequence, though this shall not preclude |
9 | | requiring a student to provide restitution for lost, stolen, or |
10 | | damaged property. |
11 | | (i-5) A student may not be arrested or otherwise cited for |
12 | | a criminal offense committed during school hours while on |
13 | | school grounds, in school vehicles, or at school activities or |
14 | | sanctioned events unless: |
15 | | (1) the offense would constitute a felony, if committed |
16 | | outside of the school setting, in one of the classes |
17 | | defined in the Criminal Code of 2012; |
18 | | (2) the offense involved an act of physical violence |
19 | | against another person or resulted in a serious bodily |
20 | | injury to that person, and the arrest of the student is |
21 | | necessary to avoid an ongoing threat to the physical safety |
22 | | of other members of the school community; |
23 | | (3) the offense involved the use of a firearm; or |
24 | | (4) the offense involved an act of criminal sexual |
25 | | abuse. |
26 | | While the option to use justice-system interventions is |
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1 | | available under these conditions, they shall only be used as a |
2 | | last resort, when there are no other options for safely and |
3 | | appropriately handling the situation. |
4 | | School employees and officials retain their authority and |
5 | | discretion under law to address offenses not specified within |
6 | | items (1) through (4) of this subsection (i-5) through the |
7 | | school disciplinary process. Nothing in this subsection (i-5) |
8 | | shall limit the rights and duties of teachers, school |
9 | | administrators, other school district employees, and law |
10 | | enforcement officers from reporting and responding to criminal |
11 | | conduct by any individual who is not a student under the school |
12 | | district's jurisdiction. |
13 | | (j) Subsections (a) through (i-5) (i) of this Section shall |
14 | | apply to elementary and secondary schools, charter schools, |
15 | | special charter districts, and school districts organized |
16 | | under Article 34 of this Code. |
17 | | (Source: P.A. 99-456, eff. 9-15-16.)
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18 | | Section 95. No acceleration or delay. Where this Act makes |
19 | | changes in a statute that is represented in this Act by text |
20 | | that is not yet or no longer in effect (for example, a Section |
21 | | represented by multiple versions), the use of that text does |
22 | | not accelerate or delay the taking effect of (i) the changes |
23 | | made by this Act or (ii) provisions derived from any other |
24 | | Public Act.
|
25 | | Section 99. Effective date. This Act takes effect August 1, |