093_HB3816

 
                                     LRB093 12171 AMC 17210 b

 1        AN ACT concerning education.

 2        WHEREAS,  It  has  come  to  the attention of the General
 3    Assembly that expulsion  may  cause  irreparable  harm  to  a
 4    student; therefore

 5        Be  it  enacted  by  the People of the State of Illinois,
 6    represented in the General Assembly:

 7        Section 5.   The  School  Code  is  amended  by  changing
 8    Sections 10-22.6, 31-3, and 34-19 as follows:

 9        (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
10        Sec.  10-22.6.  Suspension or expulsion of pupils; school
11    searches.
12        (a)  To expel pupils as provided in subsection (d) guilty
13    of gross disobedience or misconduct, and no action shall  lie
14    against  them  for such expulsion. Expulsion shall take place
15    only after the parents have been requested  to  appear  at  a
16    meeting  of the board, or with a hearing officer appointed by
17    it, to discuss their child's behavior. Such request shall  be
18    made  by  registered  or  certified  mail and shall state the
19    time, place and purpose of  the  meeting.  The  board,  or  a
20    hearing  officer appointed by it, at such meeting shall state
21    the reasons for dismissal and the date on which the expulsion
22    is to become effective. If a hearing officer is appointed  by
23    the  board  he shall report to the board a written summary of
24    the evidence heard at the meeting and the board may take such
25    action thereon as it finds appropriate.
26        (b)  To  suspend  or  by  regulation  to  authorize   the
27    superintendent  of  the  district or the principal, assistant
28    principal, or dean of  students  of  any  school  to  suspend
29    pupils  guilty  of  gross  disobedience  or misconduct, or to
30    suspend pupils guilty of gross disobedience or misconduct  on
31    the  school  bus  from  riding  the school bus, and no action
 
                            -2-      LRB093 12171 AMC 17210 b
 1    shall lie against them for such suspension. The board may  by
 2    regulation  authorize  the  superintendent of the district or
 3    the principal, assistant principal, or dean  of  students  of
 4    any school to suspend pupils guilty of such acts for a period
 5    not  to exceed 10 school days. If a pupil is suspended due to
 6    gross disobedience or misconduct on a school bus,  the  board
 7    may  suspend the pupil in excess of 10 school days for safety
 8    reasons.  Any suspension shall be reported immediately to the
 9    parents or guardian of such pupil along with a full statement
10    of the reasons for such suspension  and  a  notice  of  their
11    right  to  a  review,  a  copy of which shall be given to the
12    school board. Upon request of the  parents  or  guardian  the
13    school  board  or  a  hearing  officer  appointed by it shall
14    review  such  action  of  the  superintendent  or  principal,
15    assistant principal, or dean of students.  At such review the
16    parents or guardian of the pupil may appear and  discuss  the
17    suspension  with  the  board  or  its  hearing  officer. 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. 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.
23        (c)  The Department of Human Services shall be invited to
24    send  a  representative  to  consult  with  the board at such
25    meeting whenever there is evidence that mental illness may be
26    the cause for expulsion or suspension.
27        (d)  Except as otherwise provided in this subsection, the
28    board may not expel a student.  The board may expel a student
29    for  any  criminal  offense  for  which  a  sentence  to  the
30    Department of Corrections  may  be  imposed  for  a  definite
31    period  of time not to exceed 2 calendar years, as determined
32    on a case by case basis. A student who is determined to  have
33    brought  a weapon to school, any school-sponsored activity or
34    event, or any activity or  event  which  bears  a  reasonable
 
                            -3-      LRB093 12171 AMC 17210 b
 1    relationship  to school shall be expelled for a period of not
 2    less than one year, except that the expulsion period  may  be
 3    modified  by  the  superintendent,  and  the superintendent's
 4    determination may be modified by the board on a case by  case
 5    basis.  For  the  purpose  of this Section, the term "weapon"
 6    means (1) possession, use, control, or transfer of  any  gun,
 7    rifle, shotgun, weapon as defined by Section 921 of Title 18,
 8    United  States Code, firearm as defined in Section 1.1 of the
 9    Firearm Owners Identification Act, or  use  of  a  weapon  as
10    defined  in  Section 24-1 of the Criminal Code, (2) any other
11    object if used or attempted to be used to cause bodily  harm,
12    including  but  not  limited  to,  knives, brass knuckles, or
13    billy clubs, or (3) "look alikes" of any weapon as defined in
14    this Section. Expulsion or suspension shall be construed in a
15    manner  consistent  with   the   Federal   Individuals   with
16    Disabilities  Education  Act.  A  student  who  is subject to
17    suspension or expulsion as provided in this  Section  may  be
18    eligible  for  a transfer to an alternative school program in
19    accordance  with  Article  13A  of  the  School  Code.    The
20    provisions  of  this  subsection  (d)  apply  in  all  school
21    districts,  including special charter districts and districts
22    organized under Article 34.
23        (e)  To maintain  order  and  security  in  the  schools,
24    school  authorities  may  inspect and search places and areas
25    such as  lockers,  desks,  parking  lots,  and  other  school
26    property  and equipment owned or controlled by the school, as
27    well as personal effects left in those places  and  areas  by
28    students,  without  notice  to or the consent of the student,
29    and without a search warrant.  As a matter of public  policy,
30    the  General  Assembly finds that students have no reasonable
31    expectation of privacy in these places and areas or in  their
32    personal  effects  left  in  these  places and areas.  School
33    authorities may request the  assistance  of  law  enforcement
34    officials  for  the  purpose  of  conducting  inspections and
 
                            -4-      LRB093 12171 AMC 17210 b
 1    searches of lockers, desks, parking lots,  and  other  school
 2    property  and equipment owned or controlled by the school for
 3    illegal  drugs,  weapons,  or  other  illegal  or   dangerous
 4    substances or materials, including searches conducted through
 5    the  use of specially trained dogs.  If a search conducted in
 6    accordance with  this  Section  produces  evidence  that  the
 7    student  has  violated  or is violating either the law, local
 8    ordinance, or the school's policies or rules,  such  evidence
 9    may  be seized by school authorities, and disciplinary action
10    may be taken.  School authorities may  also  turn  over  such
11    evidence  to  law enforcement authorities.  The provisions of
12    this subsection (e) apply in all school districts,  including
13    special  charter  districts  and  districts  organized  under
14    Article 34.
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
19    if 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  before  being  admitted  into the school district.
23    This  policy  may  allow  placement  of  the  student  in  an
24    alternative school program established under Article  13A  of
25    this  Code, if available, for the remainder of the suspension
26    or expulsion.  This subsection  (g)  applies  to  all  school
27    districts,  including special charter districts and districts
28    organized under Article 34 of this Code.
29    (Source: P.A. 92-64, eff. 7-12-01.)

30        (105 ILCS 5/31-3) (from Ch. 122, par. 31-3)
31        Sec. 31-3.  Suspension or expulsion of  members,  pledges
32    and solicitors. The governing body of any public school shall
33    suspend  or  expel  any  pupil who is a member of or joins or
 
                            -5-      LRB093 12171 AMC 17210 b
 1    promises to join, or who becomes pledged to become  a  member
 2    of, or who solicits any other person to join, promise to join
 3    or  be  pledged  to  become  a  member  of  any public school
 4    fraternity, sorority or secret society.
 5    (Source: Laws 1961, p. 31.)

 6        (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
 7        Sec. 34-19.  By-laws,  rules  and  regulations;  business
 8    transacted  at  regular  meetings; voting; records. The board
 9    shall, subject to the limitations in this Article,  establish
10    by-laws, rules and regulations, which shall have the force of
11    ordinances, for the proper maintenance of a uniform system of
12    discipline  for both employees and pupils, and for the entire
13    management of the schools, and may  fix  the  school  age  of
14    pupils,  the  minimum  of which in kindergartens shall not be
15    under 4 years and in grade  schools  shall  not  be  under  6
16    years.  It  may expel, suspend or, subject to the limitations
17    of all policies established or adopted under Section 14-8.05,
18    otherwise  discipline  any  pupil  found  guilty   of   gross
19    disobedience,  misconduct  or other violation of the by-laws,
20    rules, and regulations. The Board may not expel a  pupil  for
21    any  reason  other  than  as  provided  in  subsection (d) of
22    Section 10-22.6.  The bylaws, rules and  regulations  of  the
23    board  shall  be  enacted,  money  shall  be  appropriated or
24    expended, salaries shall be fixed or changed,  and  textbooks
25    and  courses  of instruction shall be adopted or changed only
26    at the regular meetings of the board  and  by  a  vote  of  a
27    majority  of  the full membership of the board; provided that
28    notwithstanding any other provision of this  Article  or  the
29    School  Code,  neither  the board or any local school council
30    may purchase any textbook for use in any public school of the
31    district from any textbook publisher that  fails  to  furnish
32    any  computer  diskettes as required under Section 28-21. The
33    board shall be further encouraged  to  provide  opportunities
 
                            -6-      LRB093 12171 AMC 17210 b
 1    for  public  hearing  and  testimony  before  the adoption of
 2    bylaws,  rules  and  regulations.   Upon   all   propositions
 3    requiring  for  their adoption at least a majority of all the
 4    members of the board the yeas and nays  shall  be  taken  and
 5    reported.  The  by-laws,  rules  and regulations of the board
 6    shall not be repealed, amended or added to, except by a  vote
 7    of  2/3  of the full membership of the board. The board shall
 8    keep a record of all its proceedings.  Such records  and  all
 9    by-laws,  rules  and  regulations,  or  parts thereof, may be
10    proved by  a  copy  thereof  certified  to  be  such  by  the
11    secretary  of  the  board, but if they are printed in book or
12    pamphlet  form  which  are  purported  to  be  published   by
13    authority  of  the board they need not be otherwise published
14    and the book or  pamphlet  shall  be  received  as  evidence,
15    without  further  proof,  of  the records, by-laws, rules and
16    regulations, or any part thereof, as of the dates thereof  as
17    shown  in  such  book  or  pamphlet, in all courts and places
18    where judicial proceedings are had.
19        Notwithstanding any other provision in this Article or in
20    the School Code,  the  board  may  delegate  to  the  general
21    superintendent  or to the attorney the authorities granted to
22    the board in the School Code, provided  such  delegation  and
23    appropriate  oversight  procedures are made pursuant to board
24    by-laws, rules and regulations, adopted as  herein  provided,
25    except  that  the  board may not delegate its authorities and
26    responsibilities regarding (1) budget  approval  obligations;
27    (2) rule-making functions; (3) desegregation obligations; (4)
28    real  estate acquisition, sale or lease in excess of 10 years
29    as provided in Section 34-21; (5) the levy of taxes;  or  (6)
30    any mandates imposed upon the board by "An Act in relation to
31    school  reform  in  cities over 500,000, amending Acts herein
32    named", approved December 12, 1988 (P.A. 85-1418).
33    (Source: P.A. 88-45; 89-15, eff. 5-30-95.)