Full Text of HB0038 95th General Assembly
HB0038ham001 95TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 2/22/2007
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09500HB0038ham001 |
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LRB095 03731 RAS 26837 a |
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| AMENDMENT TO HOUSE BILL 38
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| AMENDMENT NO. ______. Amend House Bill 38 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 10-22.6 as follows:
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| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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| Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 |
| searches.
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| (a) To expel pupils guilty of gross disobedience or | 10 |
| misconduct, including gross disobedience or misconduct | 11 |
| perpetuated by electronic means, and
no action shall lie | 12 |
| against them for such expulsion. Expulsion shall
take place | 13 |
| only after the parents have been requested to appear at a
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| meeting of the board, or with a hearing officer appointed by | 15 |
| it, to
discuss their child's behavior. Such request shall be | 16 |
| made by registered
or certified mail and shall state the time, |
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| place and purpose of the
meeting. The board, or a hearing | 2 |
| officer appointed by it, at such
meeting shall state the | 3 |
| reasons for dismissal and the date on which the
expulsion is to | 4 |
| become effective. If a hearing officer is appointed by
the | 5 |
| board he shall report to the board a written summary of the | 6 |
| evidence
heard at the meeting and the board may take such | 7 |
| action thereon as it
finds appropriate.
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| (b) To suspend or by regulation to authorize the | 9 |
| superintendent of
the district or the principal, assistant | 10 |
| principal, or dean of students
of any school to suspend pupils | 11 |
| guilty of gross disobedience or misconduct, or
to suspend | 12 |
| pupils guilty of gross disobedience or misconduct on the school | 13 |
| bus
from riding the school bus, and no action
shall lie against | 14 |
| them for such suspension. The board may by regulation
authorize | 15 |
| the superintendent of the district or the principal, assistant
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| 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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| on a school bus, the board may suspend the pupil in excess of | 20 |
| 10
school
days for safety reasons. Any suspension shall be | 21 |
| reported immediately to the
parents or guardian of such pupil | 22 |
| along with a full statement of the
reasons for such suspension | 23 |
| and a notice of their right to a review, a
copy of which shall | 24 |
| be given to the school board. Upon request of the
parents or | 25 |
| guardian the school board or a hearing officer appointed by
it | 26 |
| shall review such action of the superintendent or principal, |
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| assistant
principal, or dean of students. At such
review the | 2 |
| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 4 |
| officer
is appointed by the board he shall report to the board | 5 |
| a written summary
of the evidence heard at the meeting. After | 6 |
| its hearing or upon receipt
of the written report of its | 7 |
| hearing officer, the board may take such
action as it finds | 8 |
| appropriate.
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| (c) The Department of Human Services
shall be invited to | 10 |
| send a representative to consult with the board at
such meeting | 11 |
| whenever there is evidence that mental illness may be the
cause | 12 |
| for expulsion or suspension.
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| (d) The board may expel a student for a definite period of | 14 |
| time not to
exceed 2 calendar years, as determined on a case by | 15 |
| case basis.
A student who
is determined to have brought a | 16 |
| weapon to school, any school-sponsored activity
or event, or
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| any activity or event which bears a reasonable relationship to | 18 |
| school shall
be expelled for a period of not less than
one | 19 |
| year, except that the expulsion period may be modified by the
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| superintendent, and the superintendent's determination may be | 21 |
| modified by
the board
on a case by case basis. For the purpose | 22 |
| of this Section, the term "weapon"
means (1)
possession,
use, | 23 |
| control, or transfer of any gun, rifle, shotgun, weapon as
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| defined by Section 921 of Title 18, United States Code, firearm | 25 |
| as
defined in Section 1.1 of the Firearm Owners Identification | 26 |
| Act, or use of
a weapon as defined in Section 24-1 of the |
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| Criminal Code, (2) any other
object if used or attempted to be | 2 |
| used to cause bodily harm, including but not
limited to, | 3 |
| knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of | 4 |
| any weapon as defined in this
Section. Expulsion
or suspension
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| shall be construed in a
manner consistent with the Federal | 6 |
| Individuals with Disabilities Education
Act. A student who is | 7 |
| subject to suspension or expulsion as provided in this
Section | 8 |
| may be eligible for a transfer to an alternative school program | 9 |
| in
accordance with Article 13A of the School Code. The | 10 |
| provisions of this
subsection (d) apply in all school | 11 |
| districts,
including special charter districts and districts | 12 |
| organized under Article 34.
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| (d-5) The board may suspend or by regulation
authorize the | 14 |
| superintendent of the district or the principal, assistant
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| 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 web site against a school employee, a | 21 |
| student, or any school-related personnel, (ii) the Internet web | 22 |
| site 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, or (iii) the | 26 |
| threat could be reasonably interpreted as bearing a reasonable |
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| relationship to the safety and security of the threatened | 2 |
| individual because of his or her duties or employment status or | 3 |
| status as a student inside the school. The provisions of this
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| subsection (d-5) apply in all school districts,
including | 5 |
| special charter districts and districts organized under | 6 |
| Article 34.
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| (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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| 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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| 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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| such evidence may be seized by school authorities, and |
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| 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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| (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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| (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 before being admitted into the school
district. This | 14 |
| policy may allow placement of the student in an alternative
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| school program established under Article 13A of this Code, if | 16 |
| available, for
the
remainder of the suspension or expulsion. | 17 |
| This subsection (g) applies to
all school districts, including | 18 |
| special charter districts and districts
organized under | 19 |
| Article 34 of this Code.
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| (Source: P.A. 92-64, eff. 7-12-01.)".
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