Full Text of HB5617 99th General Assembly
HB5617ham001 99TH GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/23/2016
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| 1 | | AMENDMENT TO HOUSE BILL 5617
| 2 | | AMENDMENT NO. ______. Amend House Bill 5617 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 10-22.6 as follows:
| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 7 | | (Text of Section before amendment by P.A. 99-456 ) | 8 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 9 | | searches.
| 10 | | (a) To expel pupils guilty of gross disobedience or | 11 | | misconduct, including gross disobedience or misconduct | 12 | | perpetuated by electronic means, and
no action shall lie | 13 | | against them for such expulsion. Expulsion shall
take place | 14 | | only after the parents have been requested to appear at a
| 15 | | meeting of the board, or with a hearing officer appointed by | 16 | | it, to
discuss their child's behavior. Such request shall be |
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| 1 | | made by registered
or certified mail and shall state the time, | 2 | | place and purpose of the
meeting. The board, or a hearing | 3 | | officer appointed by it, at such
meeting shall state the | 4 | | reasons for dismissal and the date on which the
expulsion is to | 5 | | become effective. If a hearing officer is appointed by
the | 6 | | board he shall report to the board a written summary of the | 7 | | evidence
heard at the meeting and the board may take such | 8 | | action thereon as it
finds appropriate. An expelled pupil may | 9 | | be immediately transferred to an alternative program in the | 10 | | manner provided in Article 13A or 13B of this Code. A pupil | 11 | | must not be denied transfer because of the expulsion, except in | 12 | | cases in which such transfer is deemed to cause a threat to the | 13 | | safety of students or staff in the alternative program.
| 14 | | (b) To suspend or by policy to authorize the superintendent | 15 | | of
the district or the principal, assistant principal, or dean | 16 | | of students
of any school to suspend pupils guilty of gross | 17 | | disobedience or misconduct, or
to suspend pupils guilty of | 18 | | gross disobedience or misconduct on the school bus
from riding | 19 | | the school bus, and no action
shall lie against them for such | 20 | | suspension. The board may by policy
authorize the | 21 | | superintendent of the district or the principal, assistant
| 22 | | principal, or dean of students of any
school to suspend pupils | 23 | | guilty of such acts for a period not to exceed
10 school days. | 24 | | If a pupil is suspended due to gross disobedience or misconduct
| 25 | | on a school bus, the board may suspend the pupil in excess of | 26 | | 10
school
days for safety reasons. Any suspension shall be |
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| 1 | | reported immediately to the
parents or guardian of such pupil | 2 | | along with a full statement of the
reasons for such suspension | 3 | | and a notice of their right to a review. The school board must | 4 | | be given a summary of the notice, including the reason for the | 5 | | suspension and the suspension length. Upon request of the
| 6 | | parents or guardian the school board or a hearing officer | 7 | | appointed by
it shall review such action of the superintendent | 8 | | or principal, assistant
principal, or dean of students. At such
| 9 | | review the parents or guardian of the pupil may appear and | 10 | | discuss the
suspension with the board or its hearing officer. | 11 | | If a hearing officer
is appointed by the board he shall report | 12 | | to the board a written summary
of the evidence heard at the | 13 | | meeting. After its hearing or upon receipt
of the written | 14 | | report of its hearing officer, the board may take such
action | 15 | | as it finds appropriate. A pupil who is suspended in excess of | 16 | | 20 school days may be immediately transferred to an alternative | 17 | | program in the manner provided in Article 13A or 13B of this | 18 | | Code. A pupil must not be denied transfer because of the | 19 | | suspension, except in cases in which such transfer is deemed to | 20 | | cause a threat to the safety of students or staff in the | 21 | | alternative program.
| 22 | | (c) The Department of Human Services
shall be invited to | 23 | | send a representative to consult with the board at
such meeting | 24 | | whenever there is evidence that mental illness may be the
cause | 25 | | for expulsion or suspension.
| 26 | | (d) The board may expel a student for a definite period of |
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| 1 | | time not to
exceed 2 calendar years, as determined on a case by | 2 | | case basis.
A student who
is determined to have brought one of | 3 | | the following objects to school, any school-sponsored activity
| 4 | | or event, or any activity or event that bears a reasonable | 5 | | relationship to school shall be expelled for a period of not | 6 | | less than
one year: | 7 | | (1) A firearm. For the purposes of this Section, | 8 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 9 | | by Section 921 of Title 18 of the United States Code, | 10 | | firearm as defined in Section 1.1 of the Firearm Owners | 11 | | Identification Card Act, or firearm as defined in Section | 12 | | 24-1 of the Criminal Code of 2012. The expulsion period | 13 | | under this subdivision (1) may be modified by the | 14 | | superintendent, and the superintendent's determination may | 15 | | be modified by the board on a case-by-case basis. | 16 | | (2) A knife, brass knuckles or other knuckle weapon | 17 | | regardless of its composition, a billy club, or any other | 18 | | object if used or attempted to be used to cause bodily | 19 | | harm, including "look alikes" of any firearm as defined in | 20 | | subdivision (1) of this subsection (d). The expulsion | 21 | | requirement under this subdivision (2) may be modified by | 22 | | the superintendent, and the superintendent's determination | 23 | | may be modified by the board on a case-by-case basis. | 24 | | Expulsion
or suspension
shall be construed in a
manner | 25 | | consistent with the Federal Individuals with Disabilities | 26 | | Education
Act. A student who is subject to suspension or |
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| 1 | | expulsion as provided in this
Section may be eligible for a | 2 | | transfer to an alternative school program in
accordance with | 3 | | Article 13A of the School Code. The provisions of this
| 4 | | subsection (d) apply in all school districts,
including special | 5 | | charter districts and districts organized under Article 34.
| 6 | | (d-5) The board may suspend or by regulation
authorize the | 7 | | superintendent of the district or the principal, assistant
| 8 | | principal, or dean of students of any
school to suspend a | 9 | | student for a period not to exceed
10 school days or may expel | 10 | | a student for a definite period of time not to
exceed 2 | 11 | | calendar years, as determined on a case by case basis, if (i) | 12 | | that student has been determined to have made an explicit | 13 | | threat on an Internet website against a school employee, a | 14 | | student, or any school-related personnel, (ii) the Internet | 15 | | website through which the threat was made is a site that was | 16 | | accessible within the school at the time the threat was made or | 17 | | was available to third parties who worked or studied within the | 18 | | school grounds at the time the threat was made, and (iii) the | 19 | | threat could be reasonably interpreted as threatening to the | 20 | | safety and security of the threatened individual because of his | 21 | | or her duties or employment status or status as a student | 22 | | inside the school. The provisions of this
subsection (d-5) | 23 | | apply in all school districts,
including special charter | 24 | | districts and districts organized under Article 34 of this | 25 | | Code.
| 26 | | (e) To maintain order and security in the schools, school |
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| 1 | | authorities may
inspect and search places and areas such as | 2 | | lockers, desks, parking lots, and
other school property and | 3 | | equipment owned or controlled by the school, as well
as | 4 | | personal effects left in those places and areas by students, | 5 | | without notice
to or the consent of the student, and without a | 6 | | search warrant. As a matter of
public policy, the General | 7 | | Assembly finds that students have no reasonable
expectation of | 8 | | privacy in these places and areas or in their personal effects
| 9 | | left in these places and areas. School authorities may request | 10 | | the assistance
of law enforcement officials for the purpose of | 11 | | conducting inspections and
searches of lockers, desks, parking | 12 | | lots, and other school property and
equipment owned or | 13 | | controlled by the school for illegal drugs, weapons, or
other
| 14 | | illegal or dangerous substances or materials, including | 15 | | searches conducted
through the use of specially trained dogs. | 16 | | If a search conducted in accordance
with this Section produces | 17 | | evidence that the student has violated or is
violating either | 18 | | the law, local ordinance, or the school's policies or rules,
| 19 | | such evidence may be seized by school authorities, and | 20 | | disciplinary action may
be taken. School authorities may also | 21 | | turn over such evidence to law
enforcement authorities. The | 22 | | provisions of this subsection (e) apply in all
school | 23 | | districts, including special charter districts and districts | 24 | | organized
under Article 34.
| 25 | | (f) Suspension or expulsion may include suspension or | 26 | | expulsion from
school and all school activities and a |
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| 1 | | prohibition from being present on school
grounds.
| 2 | | (g) A school district may adopt a policy providing that if | 3 | | a student
is suspended or expelled for any reason from any | 4 | | public or private school
in this or any other state, the | 5 | | student must complete the entire term of
the suspension or | 6 | | expulsion in an alternative school program under Article 13A of | 7 | | this Code or an alternative learning opportunities program | 8 | | under Article 13B of this Code before being admitted into the | 9 | | school
district if there is no threat to the safety of students | 10 | | or staff in the alternative program. This subsection (g) | 11 | | applies to
all school districts, including special charter | 12 | | districts and districts
organized under Article 34 of this | 13 | | Code.
| 14 | | (i-5) The General Assembly recognizes that (i) many K-12 | 15 | | students around the State are arrested in school and sent into | 16 | | the justice system, often for minor offenses that do not pose a | 17 | | serious threat to school safety; (ii) many schools across the | 18 | | State have become overly reliant on law enforcement personnel | 19 | | to handle routine school disciplinary matters; (iii) many | 20 | | student behaviors that result in arrest in some schools are | 21 | | addressed without involving the justice system in others; (iv) | 22 | | the over-criminalization of K-12 students has had significant | 23 | | negative consequences for students, families, and entire | 24 | | communities; (v) these dynamics, known as the | 25 | | "school-to-prison pipeline", have disproportionately affected | 26 | | students of color; (vi) these practices impose substantial |
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| 1 | | economic costs on both localities and the State overall; (vii) | 2 | | the use of school-based law enforcement has not been proven | 3 | | effective as a strategy to promote safe and productive schools; | 4 | | and (viii) eliminating unnecessary school-based arrests and | 5 | | law enforcement presence in school while promoting the use of | 6 | | developmentally appropriate alternatives will protect school | 7 | | safety, improve school climate, raise academic achievement, | 8 | | and save taxpayer dollars. | 9 | | A student may not be arrested or otherwise cited for a | 10 | | criminal offense committed during school hours while on school | 11 | | grounds, in school vehicles, or at school activities or | 12 | | sanctioned events unless: | 13 | | (1) the offense would constitute a felony, if committed | 14 | | outside of the school setting, in one of the classes | 15 | | defined in the Criminal Code of 2012; | 16 | | (2) the offense involved an act of physical violence | 17 | | against another person that resulted in a serious bodily | 18 | | injury to that person, and the arrest of the student is | 19 | | necessary to avoid an ongoing threat to the physical safety | 20 | | of other members of the school community; | 21 | | (3) the offense involved the use of a firearm; or | 22 | | (4) the offense involved an act of criminal sexual | 23 | | abuse. | 24 | | While the option to use justice-system interventions is | 25 | | available under these conditions, they shall only be used as a | 26 | | last resort, when there are no other options for safely and |
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| 1 | | appropriately handling the situation. | 2 | | School employees and officials retain their authority and | 3 | | discretion under law to address offenses not specified within | 4 | | items (1) through (4) of this subsection (i-5) through the | 5 | | school disciplinary process. Nothing in this subsection (i-5) | 6 | | shall limit the rights and duties of teachers, school | 7 | | administrators, other school district employees, and law | 8 | | enforcement officers to report and respond to criminal conduct | 9 | | by any individual who is not a student under the school | 10 | | district's jurisdiction. | 11 | | Because of the General Assembly's concerns related to the | 12 | | over-policing of students, school districts are encouraged to | 13 | | reallocate funding for school-based law enforcement personnel | 14 | | in some or all of their schools to other evidence-based and | 15 | | promising practices designed to promote school safety and | 16 | | healthy learning environments, including, but not limited to: | 17 | | restorative justice programs; increased use of school | 18 | | psychologists, social workers, and other mental and behavioral | 19 | | health specialists; drug and alcohol treatment services; | 20 | | wraparound services for youth; and training for school staff on | 21 | | conflict resolution techniques and other disciplinary | 22 | | alternatives. | 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.
| 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.
| 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
| 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
| 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
| 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
| 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.
| 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
| 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
| 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.
| 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.
| 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.
| 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) The General Assembly recognizes that (i) many K-12 | 12 | | students around the State are arrested in school and sent into | 13 | | the justice system, often for minor offenses that do not pose a | 14 | | serious threat to school safety; (ii) many schools across the | 15 | | State have become overly reliant on law enforcement personnel | 16 | | to handle routine school disciplinary matters; (iii) many | 17 | | student behaviors that result in arrest in some schools are | 18 | | addressed without involving the justice system in others; (iv) | 19 | | the over-criminalization of K-12 students has had significant | 20 | | negative consequences for students, families, and entire | 21 | | communities; (v) these dynamics, known as the | 22 | | "school-to-prison pipeline", have disproportionately affected | 23 | | students of color; (vi) these practices impose substantial | 24 | | economic costs on both localities and the State overall; (vii) | 25 | | the use of school-based law enforcement has not been proven | 26 | | effective as a strategy to promote safe and productive schools; |
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| 1 | | and (viii) eliminating unnecessary school-based arrests and | 2 | | law enforcement presence in school while promoting the use of | 3 | | developmentally appropriate alternatives will protect school | 4 | | safety, improve school climate, raise academic achievement, | 5 | | and save taxpayer dollars. | 6 | | A student may not be arrested or otherwise cited for a | 7 | | criminal offense committed during school hours while on school | 8 | | grounds, in school vehicles, or at school activities or | 9 | | sanctioned events unless: | 10 | | (1) the offense would constitute a felony, if committed | 11 | | outside of the school setting, in one of the classes | 12 | | defined in the Criminal Code of 2012; | 13 | | (2) the offense involved an act of physical violence | 14 | | against another person that resulted in a serious bodily | 15 | | injury to that person, and the arrest of the student is | 16 | | necessary to avoid an ongoing threat to the physical safety | 17 | | of other members of the school community; | 18 | | (3) the offense involved the use of a firearm; or | 19 | | (4) the offense involved an act of criminal sexual | 20 | | abuse. | 21 | | While the option to use justice-system interventions is | 22 | | available under these conditions, they shall only be used as a | 23 | | last resort, when there are no other options for safely and | 24 | | appropriately handling the situation. | 25 | | School employees and officials retain their authority and | 26 | | discretion under law to address offenses not specified within |
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| 1 | | items (1) through (4) of this subsection (i-5) through the | 2 | | school disciplinary process. Nothing in this subsection (i-5) | 3 | | shall limit the rights and duties of teachers, school | 4 | | administrators, other school district employees, and law | 5 | | enforcement officers to report and respond to criminal conduct | 6 | | by any individual who is not a student under the school | 7 | | district's jurisdiction. | 8 | | Because of the General Assembly's concerns related to the | 9 | | over-policing of students, school districts are encouraged to | 10 | | reallocate funding for school-based law enforcement personnel | 11 | | in some or all of their schools to other evidence-based and | 12 | | promising practices designed to promote school safety and | 13 | | healthy learning environments, including, but not limited to: | 14 | | restorative justice programs; increased use of school | 15 | | psychologists, social workers, and other mental and behavioral | 16 | | health specialists; drug and alcohol treatment services; | 17 | | wraparound services for youth; and training for school staff on | 18 | | conflict resolution techniques and other disciplinary | 19 | | alternatives. | 20 | | (j) Subsections (a) through (i-5) (i) of this Section shall | 21 | | apply to elementary and secondary schools, charter schools, | 22 | | special charter districts, and school districts organized | 23 | | under Article 34 of this Code. | 24 | | (Source: P.A. 99-456, eff. 9-15-16.)
| 25 | | Section 95. No acceleration or delay. Where this Act makes |
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| 1 | | changes in a statute that is represented in this Act by text | 2 | | that is not yet or no longer in effect (for example, a Section | 3 | | represented by multiple versions), the use of that text does | 4 | | not accelerate or delay the taking effect of (i) the changes | 5 | | made by this Act or (ii) provisions derived from any other | 6 | | Public Act.
| 7 | | Section 99. Effective date. This Act takes effect August 1, | 8 | | 2016.".
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