Full Text of HB3730 95th General Assembly
HB3730ham001 95TH GENERAL ASSEMBLY
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Elementary & Secondary Education Committee
Filed: 3/21/2007
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| AMENDMENT TO HOUSE BILL 3730
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| AMENDMENT NO. ______. Amend House Bill 3730 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Sections | 5 |
| 10-22.6 and 24-24 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, 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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| 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.
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| (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
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| 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
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| 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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| 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 | 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.
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| (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.
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| (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
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| 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
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| 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
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| 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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| 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
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| 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.
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| (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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| 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
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| 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,
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| 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
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| school districts, including special charter districts and | 19 |
| districts organized
under Article 34.
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| (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.
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| (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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| expulsion before being admitted into the school
district. This | 2 |
| policy may allow placement of the student in an alternative
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| 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.
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| (Source: P.A. 92-64, eff. 7-12-01.)
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| (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
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| 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
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| 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
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| 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.
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| As provided in and subject to the requirements of |
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| 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.
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| 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
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| service for or with respect to a student may use reasonable
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| 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.
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| 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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| that written 10 days notice of the violation
is given such | 2 |
| person and a hearing had thereon by the board pursuant to its
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| 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.
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| (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. | 7 |
| 7-19-95.)
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| Section 99. Effective date. This Act takes effect upon | 9 |
| becoming law.".
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