Full Text of HB4233 99th General Assembly
HB4233 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HB4233 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. Provides that out-of-school suspensions of students may take place only after a school counselor or school social worker, if any, at the school has approved the out-of-school suspension.
|
| |
| | FISCAL NOTE ACT MAY APPLY | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
| | A BILL FOR |
|
| | | HB4233 | | LRB099 12940 NHT 36800 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-22.6 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 | 8 | | searches.
| 9 | | (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
| 14 | | 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, | 17 | | place and purpose of the
meeting. The board, or a hearing | 18 | | officer appointed by it, at such
meeting shall state the | 19 | | reasons for dismissal and the date on which the
expulsion is to | 20 | | become effective. If a hearing officer is appointed by
the | 21 | | board he shall report to the board a written summary of the | 22 | | evidence
heard at the meeting and the board may take such | 23 | | action thereon as it
finds appropriate. An expelled pupil may |
| | | HB4233 | - 2 - | LRB099 12940 NHT 36800 b |
|
| 1 | | be immediately transferred to an alternative program in the | 2 | | manner provided in Article 13A or 13B of this Code. A pupil | 3 | | must not be denied transfer because of the expulsion, except in | 4 | | cases in which such transfer is deemed to cause a threat to the | 5 | | safety of students or staff in the alternative program.
| 6 | | (b) To suspend or by policy to authorize the superintendent | 7 | | of
the district or the principal, assistant principal, or dean | 8 | | of students
of any school to suspend pupils guilty of gross | 9 | | disobedience or misconduct, or
to suspend pupils guilty of | 10 | | gross disobedience or misconduct on the school bus
from riding | 11 | | the school bus, and no action
shall lie against them for such | 12 | | suspension. The board may by policy
authorize the | 13 | | superintendent of the district or the principal, assistant
| 14 | | principal, or dean of students of any
school to suspend pupils | 15 | | guilty of such acts for a period not to exceed
10 school days. | 16 | | If a pupil is suspended due to gross disobedience or misconduct
| 17 | | on a school bus, the board may suspend the pupil in excess of | 18 | | 10
school
days for safety reasons. Out-of-school suspensions | 19 | | may take place only after a school counselor or school social | 20 | | worker, if any, at the school has approved the out-of-school | 21 | | suspension. Any suspension shall be reported immediately to the
| 22 | | parents or guardian of such pupil along with a full statement | 23 | | of the
reasons for such suspension and a notice of their right | 24 | | to 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 |
| | | HB4233 | - 3 - | LRB099 12940 NHT 36800 b |
|
| 1 | | school board or a hearing officer appointed by
it shall review | 2 | | such action of the superintendent or principal, assistant
| 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. A pupil | 10 | | who is suspended in excess of 20 school days may be immediately | 11 | | transferred to an alternative program in the manner provided in | 12 | | Article 13A or 13B of this Code. A pupil must not be denied | 13 | | transfer because of the suspension, except in cases in which | 14 | | such transfer is deemed to cause a threat to the safety of | 15 | | students or staff in the alternative program.
| 16 | | (c) The Department of Human Services
shall be invited to | 17 | | send a representative to consult with the board at
such meeting | 18 | | whenever there is evidence that mental illness may be the
cause | 19 | | for expulsion or suspension.
| 20 | | (d) The board may expel a student for a definite period of | 21 | | time not to
exceed 2 calendar years, as determined on a case by | 22 | | case basis.
A student who
is determined to have brought one of | 23 | | the following objects to school, any school-sponsored activity
| 24 | | or event, or any activity or event that bears a reasonable | 25 | | relationship to school shall be expelled for a period of not | 26 | | less than
one year: |
| | | HB4233 | - 4 - | LRB099 12940 NHT 36800 b |
|
| 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. | 18 | | Expulsion
or suspension
shall be construed in a
manner | 19 | | consistent with the Federal Individuals with Disabilities | 20 | | Education
Act. A student who is subject to suspension or | 21 | | expulsion as provided in this
Section may be eligible for a | 22 | | transfer to an alternative school program in
accordance with | 23 | | Article 13A of the School Code. The provisions of this
| 24 | | subsection (d) apply in all school districts,
including special | 25 | | charter districts and districts organized under Article 34.
| 26 | | (d-5) The board may suspend or by regulation
authorize the |
| | | HB4233 | - 5 - | LRB099 12940 NHT 36800 b |
|
| 1 | | superintendent of the district or the principal, assistant
| 2 | | principal, or dean of students of any
school to suspend a | 3 | | student for a period not to exceed
10 school days or may expel | 4 | | a student for a definite period of time not to
exceed 2 | 5 | | calendar years, as determined on a case by case basis, if (i) | 6 | | that student has been determined to have made an explicit | 7 | | threat on an Internet website against a school employee, a | 8 | | student, or any school-related personnel, (ii) the Internet | 9 | | website through which the threat was made is a site that was | 10 | | accessible within the school at the time the threat was made or | 11 | | was available to third parties who worked or studied within the | 12 | | school grounds at the time the threat was made, and (iii) the | 13 | | threat could be reasonably interpreted as threatening to the | 14 | | safety and security of the threatened individual because of his | 15 | | or her duties or employment status or status as a student | 16 | | inside the school. The provisions of this
subsection (d-5) | 17 | | apply in all school districts,
including special charter | 18 | | districts and districts organized under Article 34 of this | 19 | | Code.
| 20 | | (e) To maintain order and security in the schools, school | 21 | | authorities may
inspect and search places and areas such as | 22 | | lockers, desks, parking lots, and
other school property and | 23 | | equipment owned or controlled by the school, as well
as | 24 | | personal effects left in those places and areas by students, | 25 | | without notice
to or the consent of the student, and without a | 26 | | search warrant. As a matter of
public policy, the General |
| | | HB4233 | - 6 - | LRB099 12940 NHT 36800 b |
|
| 1 | | Assembly finds that students have no reasonable
expectation of | 2 | | privacy in these places and areas or in their personal effects
| 3 | | left in these places and areas. School authorities may request | 4 | | the assistance
of law enforcement officials for the purpose of | 5 | | conducting inspections and
searches of lockers, desks, parking | 6 | | lots, and other school property and
equipment owned or | 7 | | controlled by the school for illegal drugs, weapons, or
other
| 8 | | illegal or dangerous substances or materials, including | 9 | | searches conducted
through the use of specially trained dogs. | 10 | | If a search conducted in accordance
with this Section produces | 11 | | evidence that the student has violated or is
violating either | 12 | | the law, local ordinance, or the school's policies or rules,
| 13 | | such evidence may be seized by school authorities, and | 14 | | disciplinary action may
be taken. School authorities may also | 15 | | turn over such evidence to law
enforcement authorities. The | 16 | | provisions of this subsection (e) apply in all
school | 17 | | districts, including special charter districts and districts | 18 | | organized
under Article 34.
| 19 | | (f) Suspension or expulsion may include suspension or | 20 | | expulsion from
school and all school activities and a | 21 | | prohibition from being present on school
grounds.
| 22 | | (g) A school district may adopt a policy providing that if | 23 | | a student
is suspended or expelled for any reason from any | 24 | | public or private school
in this or any other state, the | 25 | | student must complete the entire term of
the suspension or | 26 | | expulsion in an alternative school program under Article 13A of |
| | | HB4233 | - 7 - | LRB099 12940 NHT 36800 b |
|
| 1 | | this Code or an alternative learning opportunities program | 2 | | under Article 13B of this Code before being admitted into the | 3 | | school
district if there is no threat to the safety of students | 4 | | or staff in the alternative program. This subsection (g) | 5 | | applies to
all school districts, including special charter | 6 | | districts and districts
organized under Article 34 of this | 7 | | Code.
| 8 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 9 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 10 | | 97-1150, 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 | 13 | | transacted at
regular meetings; voting; records. The board | 14 | | shall, subject to the limitations
in this Article, establish | 15 | | by-laws, rules and regulations, which shall have the
force of | 16 | | ordinances, for the proper maintenance of a uniform system of
| 17 | | discipline for both employees and pupils, and for the entire | 18 | | management of the
schools, and may fix the school age of | 19 | | pupils, the minimum of which in
kindergartens shall not be | 20 | | under 4 years, except that, based upon an assessment of the | 21 | | child's readiness, children who have attended a non-public | 22 | | preschool and continued their education at that school through | 23 | | kindergarten, were taught in kindergarten by an appropriately | 24 | | certified teacher, and will attain the age of 6 years on or | 25 | | before December 31 of the year of the 2009-2010 school term and |
| | | HB4233 | - 8 - | LRB099 12940 NHT 36800 b |
|
| 1 | | each school term thereafter may attend first grade upon | 2 | | commencement of such term, and in grade schools shall not be
| 3 | | under 6 years. It may expel, suspend or, subject to the | 4 | | limitations of all
policies established or adopted under | 5 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 6 | | gross disobedience, misconduct or other violation of the
| 7 | | by-laws, rules and regulations, including gross disobedience | 8 | | or misconduct perpetuated by electronic means. Out-of-school | 9 | | suspensions may take place only after a school counselor or | 10 | | school social worker, if any, at the school has approved the | 11 | | out-of-school suspension. An expelled pupil may be immediately | 12 | | transferred to an alternative program in the manner provided in | 13 | | Article 13A or 13B of this Code. A pupil must not be denied | 14 | | transfer because of the expulsion, except in cases in which | 15 | | such transfer is deemed to cause a threat to the safety of | 16 | | students or staff in the alternative program. A pupil who is | 17 | | suspended in excess of 20 school days may be immediately | 18 | | transferred to an alternative program in the manner provided in | 19 | | Article 13A or 13B of this Code. A pupil must not be denied | 20 | | transfer because of the suspension, except in cases in which | 21 | | such transfer is deemed to cause a threat to the safety of | 22 | | students or staff in the alternative program. The bylaws, rules | 23 | | and regulations of the board
shall be enacted, money shall be | 24 | | appropriated or expended, salaries shall be
fixed or changed, | 25 | | and textbooks, electronic textbooks, and courses of | 26 | | instruction shall be adopted or
changed only at the regular |
| | | HB4233 | - 9 - | LRB099 12940 NHT 36800 b |
|
| 1 | | meetings of the board and by a vote of a
majority of the full | 2 | | membership of the board; provided that
notwithstanding any | 3 | | other provision of this Article or the School Code,
neither the | 4 | | board or any local school council may purchase any textbook for | 5 | | use in any public school of the
district from any textbook | 6 | | publisher that fails to furnish any computer
diskettes as | 7 | | required under Section 28-21. Funds appropriated for textbook | 8 | | purchases must be available for electronic textbook purchases | 9 | | and the technological equipment necessary to gain access to and | 10 | | use electronic textbooks at the local school council's | 11 | | discretion. The board shall be further
encouraged to provide | 12 | | opportunities for public hearing and testimony before
the | 13 | | adoption of bylaws, rules and regulations. Upon all | 14 | | propositions
requiring for their adoption at least a majority | 15 | | of all the members of the
board the yeas and nays shall be | 16 | | taken and reported. The by-laws, rules and
regulations of the | 17 | | board shall not be repealed, amended or added to, except
by a | 18 | | vote of 2/3 of the full membership of the board. The board | 19 | | shall keep
a record of all its proceedings. Such records and | 20 | | all
by-laws, rules and regulations, or parts thereof, may be | 21 | | proved by a copy
thereof certified to be such by the secretary | 22 | | of the board, but if they are
printed in book or pamphlet form | 23 | | which are purported to be published by
authority of the board | 24 | | they need not be otherwise published and the book or
pamphlet | 25 | | shall be received as evidence, without further proof, of the
| 26 | | records, by-laws, rules and regulations, or any part thereof, |
| | | HB4233 | - 10 - | LRB099 12940 NHT 36800 b |
|
| 1 | | as of the
dates thereof as shown in such book or pamphlet, in | 2 | | all courts and places
where judicial proceedings are had. | 3 | | Notwithstanding any other provision in this Article or in | 4 | | the School
Code, the board may delegate to the general | 5 | | superintendent or to the
attorney the authorities granted to | 6 | | the board in the School Code, provided
such delegation and | 7 | | appropriate oversight procedures are made pursuant to
board | 8 | | by-laws, rules and regulations, adopted as herein provided, | 9 | | except that
the board may not delegate its authorities and | 10 | | responsibilities regarding (1)
budget approval obligations; | 11 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 12 | | real estate acquisition, sale or lease in excess of 10 years
as | 13 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 14 | | mandates
imposed upon the board by "An Act in relation to | 15 | | school reform in cities over
500,000, amending Acts herein | 16 | | named", approved December 12, 1988 (P.A.
85-1418). | 17 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10; | 18 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. | 19 | | 7-13-12.)
|
|