Full Text of SB0237 99th General Assembly
SB0237sam001 99TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/12/2016
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| 1 | | AMENDMENT TO SENATE BILL 237
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 237 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 1. Findings and purposes. | 5 | | (a) The General Assembly finds all of the following: | 6 | | (1) Research suggests that school expulsion and | 7 | | suspension practices are associated with negative | 8 | | educational, health, and developmental outcomes for | 9 | | children. | 10 | | (2) Recent studies have shown that the expulsion of | 11 | | children in early care and educational settings is | 12 | | occurring at alarmingly high rates, in particular among | 13 | | certain racial and gender groups. A nationwide study on | 14 | | preschool expulsion found that preschoolers were expelled | 15 | | at more than 3 times the rate of kindergarten through | 16 | | twelfth grade students. | 17 | | (3) Recent data from the federal Department of |
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| 1 | | Education indicate that there are significant racial and | 2 | | gender disparities within this trend. African American | 3 | | boys make up 18% of preschool enrollment but 48% of | 4 | | preschoolers suspended more than once. Other research | 5 | | shows that while Hispanic and African American boys | 6 | | combined represent 46% of all boys in preschool, these | 7 | | children represent 66% of preschool boys suspended. Boys | 8 | | make up 79% of preschoolers suspended once and 82% of | 9 | | preschoolers suspended multiple times. | 10 | | (4) A study completed in 2005 analyzing expulsion rates | 11 | | among states indicated that while this State reported the | 12 | | sixth-lowest expulsion rate of the 40 states surveyed, | 13 | | pre-kindergartners were expelled at a rate 3 times that of | 14 | | their older peers. A study conducted in 2002 in Chicago | 15 | | showed a high rate of expulsion, particularly in | 16 | | infant-toddler programs, with over 40% of child care | 17 | | programs asking a child to leave because of | 18 | | social-emotional and behavioral problems, with the most | 19 | | challenging behaviors being biting, hitting, and | 20 | | aggressive behavior. | 21 | | (5) This State has recently improved expulsion and | 22 | | suspension practices in grades kindergarten through 12 | 23 | | through Public Act 99-456, and the federal government has | 24 | | imposed new expulsion and suspension policy requirements | 25 | | on some federally funded early childhood programs. These | 26 | | protections are important but do not cover all children in |
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| 1 | | Illinois early learning programs. | 2 | | (6) Access to infant and early childhood mental health | 3 | | consultants and positive behavior intervention and support | 4 | | have been shown to reduce and prevent expulsion and | 5 | | suspension in early care and education programs. Early | 6 | | childhood professionals also need training, technical | 7 | | assistance, and professional development support to ensure | 8 | | they are able to respond to the social-emotional needs of | 9 | | young children and to ensure successful student | 10 | | participation in programs. | 11 | | (7) Nationally and in this State, insufficient data | 12 | | collection hinders the ability to gauge the prevalence of | 13 | | expulsion or suspension among children prior to school | 14 | | entry from a range of early learning programs. | 15 | | (b) The purpose of this Act is to: | 16 | | (1) severely limit the expulsion and suspension of | 17 | | young children in early care and education settings, | 18 | | preventing it whenever possible; | 19 | | (2) ensure that early childhood professionals have the | 20 | | resources needed to support children's social and | 21 | | emotional health and address challenging behaviors; and | 22 | | (3) develop systems to track expulsion and suspension. | 23 | | Section 5. The School Code is amended by changing Sections | 24 | | 2-3.71, 2-3.71a, and 10-22.6 as follows:
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| 1 | | (105 ILCS 5/2-3.71) (from Ch. 122, par. 2-3.71)
| 2 | | Sec. 2-3.71. Grants for preschool educational programs. | 3 | | (a) Preschool program.
| 4 | | (1) The State Board of Education shall implement and | 5 | | administer
a grant program under the provisions of this | 6 | | subsection which shall
consist of grants to public school | 7 | | districts and other eligible entities, as defined by the | 8 | | State Board of Education, to conduct voluntary
preschool
| 9 | | educational programs for children ages 3 to 5 which include | 10 | | a parent
education component. A public school district | 11 | | which receives grants under
this subsection may | 12 | | subcontract with other entities that are eligible to | 13 | | conduct a preschool educational
program. These grants must | 14 | | be used to supplement, not supplant, funds received from | 15 | | any other source.
| 16 | | (2) (Blank).
| 17 | | (3) Any teacher of preschool children in the program | 18 | | authorized by this
subsection shall hold an early childhood | 19 | | teaching certificate.
| 20 | | (4) (Blank).
| 21 | | (4.5) The State Board of Education shall provide the | 22 | | primary source of
funding through appropriations for the | 23 | | program.
Such funds shall be distributed to achieve a goal | 24 | | of "Preschool for All Children" for the benefit
of all | 25 | | children whose families choose to participate in the | 26 | | program. Based on available appropriations, newly funded |
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| 1 | | programs shall be selected through a process giving first | 2 | | priority to qualified programs serving primarily at-risk | 3 | | children and second priority to qualified programs serving | 4 | | primarily children with a family income of less than 4 | 5 | | times the poverty guidelines updated periodically in the | 6 | | Federal Register by the U.S. Department of Health and Human | 7 | | Services under the authority of 42 U.S.C. 9902(2). For | 8 | | purposes of this paragraph (4.5), at-risk children are | 9 | | those who because of their home and community environment | 10 | | are subject
to such language, cultural, economic and like | 11 | | disadvantages to cause them to have
been determined as a | 12 | | result of screening procedures to be at risk of
academic | 13 | | failure. Such screening procedures shall be based on | 14 | | criteria
established by the State Board of Education. | 15 | | Except as otherwise provided in this paragraph (4.5), | 16 | | grantees under the program must enter into a memorandum of | 17 | | understanding with the appropriate local Head Start | 18 | | agency. This memorandum must be entered into no later than | 19 | | 3 months after the award of a grantee's grant under the | 20 | | program, except that, in the case of the 2009-2010 program | 21 | | year, the memorandum must be entered into no later than the | 22 | | deadline set by the State Board of Education for | 23 | | applications to participate in the program in fiscal year | 24 | | 2011, and must address collaboration between the grantee's | 25 | | program and the local Head Start agency on certain issues, | 26 | | which shall include without limitation the following: |
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| 1 | | (A) educational activities, curricular objectives, | 2 | | and instruction; | 3 | | (B) public information dissemination and access to | 4 | | programs for families contacting programs; | 5 | | (C) service areas; | 6 | | (D) selection priorities for eligible children to | 7 | | be served by programs; | 8 | | (E) maximizing the impact of federal and State | 9 | | funding to benefit young children; | 10 | | (F) staff training, including opportunities for | 11 | | joint staff training; | 12 | | (G) technical assistance; | 13 | | (H) communication and parent outreach for smooth | 14 | | transitions to kindergarten; | 15 | | (I) provision and use of facilities, | 16 | | transportation, and other program elements; | 17 | | (J) facilitating each program's fulfillment of its | 18 | | statutory and regulatory requirements; | 19 | | (K) improving local planning and collaboration; | 20 | | and | 21 | | (L) providing comprehensive services for the | 22 | | neediest Illinois children and families. | 23 | | If the appropriate local Head Start agency is unable or | 24 | | unwilling to enter into a memorandum of understanding as | 25 | | required under this paragraph (4.5), the memorandum of | 26 | | understanding requirement shall not apply and the grantee |
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| 1 | | under the program must notify the State Board of Education | 2 | | in writing of the Head Start agency's inability or | 3 | | unwillingness. The State Board of Education shall compile | 4 | | all such written notices and make them available to the | 5 | | public.
| 6 | | (5) The State Board of Education shall develop and | 7 | | provide
evaluation tools, including tests, that school | 8 | | districts and other eligible entities may use to
evaluate | 9 | | children for school readiness prior to age 5. The State | 10 | | Board of
Education shall require school districts and other | 11 | | eligible entities
to obtain consent from the parents
or | 12 | | guardians of children before any evaluations are | 13 | | conducted. The State
Board of Education shall encourage | 14 | | local school districts and other eligible entities to | 15 | | evaluate the
population of preschool children in their | 16 | | communities and provide preschool
programs, pursuant to | 17 | | this subsection, where appropriate.
| 18 | | (6) The State Board of Education shall report to the | 19 | | General Assembly by November 1, 2010
and every
3 years | 20 | | thereafter on the results and progress of
students who were | 21 | | enrolled in preschool educational programs, including an
| 22 | | assessment of which programs have been most successful in | 23 | | promoting
academic excellence and alleviating academic | 24 | | failure. The State Board of
Education shall assess the | 25 | | academic progress of all students who have been
enrolled in | 26 | | preschool educational programs.
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| 1 | | On or before November 1 of each fiscal year in which | 2 | | the General Assembly provides funding for new programs | 3 | | under paragraph (4.5) of this Section, the State Board of | 4 | | Education shall report to the General Assembly on what | 5 | | percentage of new funding was provided to programs serving | 6 | | primarily at-risk children, what percentage of new funding | 7 | | was provided to programs serving primarily children with a | 8 | | family income of less than 4 times the federal poverty | 9 | | level, and what percentage of new funding was provided to | 10 | | other programs. | 11 | | (7) Grantees receiving State funds under this | 12 | | subsection (a) for preschool educational programs shall | 13 | | prohibit expulsions and suspensions of children from birth | 14 | | through preschool due to evidence that these practices are | 15 | | linked to poor child outcomes and are employed | 16 | | inconsistently across racial and gender groups. The goal of | 17 | | any disciplinary action by the grantee shall always be the | 18 | | well-being of the child and classroom. Planned transitions | 19 | | to settings able to better meet a child's needs are not | 20 | | considered expulsion under this paragraph (7). The grantee | 21 | | shall take documented steps to ensure that a child who | 22 | | exhibits persistent and serious challenging behaviors can | 23 | | participate safely in the program. Documentation must | 24 | | include observations of initial and ongoing challenging | 25 | | behaviors, strategies for remediation and intervention | 26 | | plans to address the behaviors, and communication with and |
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| 1 | | participation of the family in such planning and | 2 | | decision-making. | 3 | | (A) Before transitioning a child due to persistent | 4 | | and serious challenging behaviors, the grantee shall | 5 | | utilize a range of community resources, such as access | 6 | | to developmental screenings, referrals to programs and | 7 | | services administered by a local educational agency | 8 | | under Parts B and C of the federal Individuals with | 9 | | Disabilities Education Act, and consultation with an | 10 | | infant and early childhood mental health professional | 11 | | and the child's health care provider. | 12 | | (B) When there is documented evidence that all | 13 | | available interventions and supports recommended by a | 14 | | qualified professional have been exhausted and it has | 15 | | been determined that transitioning a child to another | 16 | | program is necessary for the well-being of the child or | 17 | | his or her peers, with parental permission, both the | 18 | | current and pending programs shall create a transition | 19 | | plan designed to ensure continuity of services and the | 20 | | comprehensive development of the child. Families must | 21 | | be engaged at all levels of the process, and | 22 | | communication shall occur in a culturally and | 23 | | linguistically competent manner. | 24 | | (C) Temporary suspension measures may be used only | 25 | | as a last resort in extraordinary circumstances when | 26 | | there is a determination of a serious safety threat, |
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| 1 | | based on actual risks and objective evidence, that | 2 | | cannot otherwise be reduced or eliminated by the | 3 | | provision of reasonable program modifications. Any | 4 | | temporary suspension shall trigger the use of | 5 | | community resources as detailed in subdivision (A) of | 6 | | this paragraph (7). | 7 | | (D) Exclusionary discipline practices resulting | 8 | | from a child's behavior that removes the child from | 9 | | activities must be documented and rarely used. | 10 | | (E) Nothing in this paragraph (7) shall preclude a | 11 | | parent's right to voluntarily withdraw his or her child | 12 | | from an early learning program. Grantees shall request | 13 | | a written statement from the parent stating the reason | 14 | | for his or her decision to withdraw his or her child. | 15 | | (F) Grantees may utilize and State agencies shall | 16 | | make available training, technical support, and | 17 | | professional development resources to improve the | 18 | | ability of teachers, administrators, program | 19 | | directors, and other staff to promote social-emotional | 20 | | development and behavioral health, address challenging | 21 | | behaviors, and understand trauma and trauma-informed | 22 | | care, cultural competence, family engagement with | 23 | | diverse populations, the impact of inherent bias, and | 24 | | the use of reflective practice techniques. Support | 25 | | shall include the availability of resources to | 26 | | contract with an infant and early childhood mental |
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| 1 | | health consultant. | 2 | | (G) Programs shall annually report to the State | 3 | | agency or agencies from which they receive early | 4 | | childhood funding all of the following data for | 5 | | children ages 0 to 5 who are served by the program: | 6 | | (i) Number of planned transitions to another | 7 | | program due to child behavior, by child's race, | 8 | | gender, disability, and language, as well as by | 9 | | teacher/provider, class group/size, teacher-child | 10 | | ratio, length of day in the program, and | 11 | | teacher-child racial/linguistic match. | 12 | | (ii) Number of temporary suspensions due to | 13 | | extraordinary circumstances under subdivision (C) | 14 | | of this paragraph (7), by child's race, gender, | 15 | | disability, and language, as well as by | 16 | | teacher/provider, class group/size, teacher-child | 17 | | ratio, length of day in the program, and | 18 | | teacher-child racial/linguistic match. | 19 | | (iii) Number of children leaving the program | 20 | | and the reasons for leaving. | 21 | | (iv) Number and types of exclusionary | 22 | | practices used by the program due to child | 23 | | behavior, by child's race, gender, disability, and | 24 | | language, as well as by teacher/provider, class | 25 | | group/size, teacher-child ratio, length of day in | 26 | | the program, and teacher-child racial/linguistic |
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| 1 | | match. | 2 | | (v) Whether the program has access to an infant | 3 | | and early childhood mental health consultant and | 4 | | usage of the consultant, including the number and | 5 | | hours of consultant contact with program leaders, | 6 | | staff, and families. | 7 | | (b) (Blank).
| 8 | | (Source: P.A. 95-724, eff. 6-30-08; 96-119, eff. 8-4-09; | 9 | | 96-944, eff. 6-25-10; 96-948, eff. 6-25-10.)
| 10 | | (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
| 11 | | Sec. 2-3.71a. Grants for early childhood parental training | 12 | | programs. The State Board of Education shall implement and | 13 | | administer a grant
program consisting of
grants to public | 14 | | school districts and other eligible entities, as defined by the | 15 | | State Board of Education, to conduct early childhood parental | 16 | | training programs for the parents of
children in the period of | 17 | | life from
birth to kindergarten. A public
school district that | 18 | | receives
grants under this Section may contract with
other | 19 | | eligible entities to conduct an early childhood parental | 20 | | training program.
These grants must be used to supplement, not | 21 | | supplant, funds received from any other source. A school board | 22 | | or other eligible entity
shall employ appropriately qualified | 23 | | personnel for its early
childhood parental training program, | 24 | | including but not limited to certified
teachers, counselors, | 25 | | psychiatrists, psychologists and social workers.
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| 1 | | (a) As used in this Section, "parental training" means and | 2 | | includes
instruction in the following:
| 3 | | (1) Child growth and development, including prenatal | 4 | | development.
| 5 | | (2) Childbirth and child care.
| 6 | | (3) Family structure, function and management.
| 7 | | (4) Prenatal and postnatal care for mothers and | 8 | | infants.
| 9 | | (5) Prevention of child abuse.
| 10 | | (6) The physical, mental, emotional, social, economic | 11 | | and psychological
aspects of interpersonal and family | 12 | | relationships.
| 13 | | (7) Parenting skill development.
| 14 | | The programs shall include activities that require | 15 | | substantial
participation and interaction between parent and | 16 | | child.
| 17 | | (b) The Board shall annually award funds through a grant | 18 | | approval process established by the State Board of Education,
| 19 | | providing that an annual appropriation is made for this purpose | 20 | | from State,
federal or private funds. Nothing in this Section | 21 | | shall preclude school
districts from applying for or accepting | 22 | | private funds to establish and
implement programs.
| 23 | | (c) The State Board of Education shall assist those | 24 | | districts and other eligible entities offering
early childhood | 25 | | parental training programs, upon request, in developing | 26 | | instructional
materials, training teachers and staff, and |
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| 1 | | establishing appropriate time
allotments for each of the areas | 2 | | included in such instruction.
| 3 | | (d) School districts and other eligible entities may offer | 4 | | early childhood parental training courses during that
period of | 5 | | the day which is not part of the regular school day. Residents
| 6 | | of the community may enroll in such courses. The school board | 7 | | or other eligible entity may
establish fees and collect such | 8 | | charges as may be necessary for attendance
at such courses in | 9 | | an amount not to exceed the per capita cost of the
operation | 10 | | thereof, except that the board or other eligible entity may | 11 | | waive all or part of such
charges if it determines that the | 12 | | parent is indigent or that the
educational needs of the parent | 13 | | require his or her attendance at such courses.
| 14 | | (e) Parents who participate in early childhood parental | 15 | | training
programs under this Section may be eligible for | 16 | | reasonable reimbursement
of any incidental transportation and | 17 | | child care expenses from the school
district receiving funds | 18 | | pursuant to this Section.
| 19 | | (f) Districts and other eligible entities receiving
grants | 20 | | pursuant to this Section shall
coordinate programs created | 21 | | under this
Section with other preschool educational programs, | 22 | | including "at-risk"
preschool programs, special and vocational | 23 | | education, and related
services provided by other governmental | 24 | | agencies and not-for-profit agencies.
| 25 | | (g) The State Board of Education shall report to the | 26 | | General Assembly
by July 1, 1991, on the results of the |
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| 1 | | programs funded pursuant to this
Section and whether a need | 2 | | continues
for such programs.
| 3 | | (h) After July 1, 2006, any parental training services | 4 | | funded pursuant to this Section on the effective date of this | 5 | | amendatory Act of the 94th General Assembly shall continue to | 6 | | be funded pursuant to this Section, subject to appropriation | 7 | | and the meeting of program standards. Any additional parental | 8 | | training services must be funded, subject to appropriation, | 9 | | through preschool education grants pursuant to subdivision (4) | 10 | | of subsection (a) of Section 2-3.71 of this Code for families | 11 | | with children ages 3 to 5 and through prevention initiative | 12 | | grants pursuant to subsection (b) of Section 2-3.89 of this | 13 | | Code for expecting families and those with children from birth | 14 | | to 3 years of age.
| 15 | | (i) Grantees under this Section are subject to the | 16 | | requirements under paragraph (7) of subsection (a) of Section | 17 | | 2-3.71 of this Code. | 18 | | (Source: P.A. 94-506, eff. 8-8-05.)
| 19 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 20 | | (Text of Section before amendment by P.A. 99-456 ) | 21 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 22 | | searches.
| 23 | | (a) To expel pupils guilty of gross disobedience or | 24 | | misconduct, including gross disobedience or misconduct | 25 | | perpetuated by electronic means, and
no action shall lie |
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| 1 | | against them for such expulsion. Expulsion shall
take place | 2 | | only after the parents have been requested to appear at a
| 3 | | meeting of the board, or with a hearing officer appointed by | 4 | | it, to
discuss their child's behavior. Such request shall be | 5 | | made by registered
or certified mail and shall state the time, | 6 | | place and purpose of the
meeting. The board, or a hearing | 7 | | officer appointed by it, at such
meeting shall state the | 8 | | reasons for dismissal and the date on which the
expulsion is to | 9 | | become effective. If a hearing officer is appointed by
the | 10 | | board he shall report to the board a written summary of the | 11 | | evidence
heard at the meeting and the board may take such | 12 | | action thereon as it
finds appropriate. An expelled pupil may | 13 | | be immediately transferred to an alternative program in the | 14 | | manner provided in Article 13A or 13B of this Code. A pupil | 15 | | must not be denied transfer because of the expulsion, except in | 16 | | cases in which such transfer is deemed to cause a threat to the | 17 | | safety of students or staff in the alternative program.
| 18 | | (b) To suspend or by policy to authorize the superintendent | 19 | | of
the district or the principal, assistant principal, or dean | 20 | | of students
of any school to suspend pupils guilty of gross | 21 | | disobedience or misconduct, or
to suspend pupils guilty of | 22 | | gross disobedience or misconduct on the school bus
from riding | 23 | | the school bus, and no action
shall lie against them for such | 24 | | suspension. The board may by policy
authorize the | 25 | | superintendent of the district or the principal, assistant
| 26 | | principal, or dean of students of any
school to suspend pupils |
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| 1 | | guilty of such acts for a period not to exceed
10 school days. | 2 | | If a pupil is suspended due to gross disobedience or misconduct
| 3 | | on a school bus, the board may suspend the pupil in excess of | 4 | | 10
school
days for safety reasons. Any suspension shall be | 5 | | reported immediately to the
parents or guardian of such pupil | 6 | | along with a full statement of the
reasons for such suspension | 7 | | and a notice of their right to a review. The school board must | 8 | | be given a summary of the notice, including the reason for the | 9 | | suspension and the suspension length. Upon request of the
| 10 | | parents or guardian the school board or a hearing officer | 11 | | appointed by
it shall review such action of the superintendent | 12 | | or principal, assistant
principal, or dean of students. At such
| 13 | | review the parents or guardian of the pupil may appear and | 14 | | discuss the
suspension with the board or its hearing officer. | 15 | | If a hearing officer
is appointed by the board he shall report | 16 | | to the board a written summary
of the evidence heard at the | 17 | | meeting. After its hearing or upon receipt
of the written | 18 | | report of its hearing officer, the board may take such
action | 19 | | as it finds appropriate. A pupil who is suspended in excess of | 20 | | 20 school days may be immediately transferred to an alternative | 21 | | program in the manner provided in Article 13A or 13B of this | 22 | | Code. A pupil must not be denied transfer because of the | 23 | | suspension, except in cases in which such transfer is deemed to | 24 | | cause a threat to the safety of students or staff in the | 25 | | alternative program.
| 26 | | (c) The Department of Human Services
shall be invited to |
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| 1 | | send a representative to consult with the board at
such meeting | 2 | | whenever there is evidence that mental illness may be the
cause | 3 | | for expulsion or suspension.
| 4 | | (d) The board may expel a student for a definite period of | 5 | | time not to
exceed 2 calendar years, as determined on a case by | 6 | | case basis.
A student who
is determined to have brought one of | 7 | | the following objects to school, any school-sponsored activity
| 8 | | or event, or any activity or event that bears a reasonable | 9 | | relationship to school shall be expelled for a period of not | 10 | | less than
one year: | 11 | | (1) A firearm. For the purposes of this Section, | 12 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 13 | | by Section 921 of Title 18 of the United States Code, | 14 | | firearm as defined in Section 1.1 of the Firearm Owners | 15 | | Identification Card Act, or firearm as defined in Section | 16 | | 24-1 of the Criminal Code of 2012. The expulsion period | 17 | | under this subdivision (1) may be modified by the | 18 | | superintendent, and the superintendent's determination may | 19 | | be modified by the board on a case-by-case basis. | 20 | | (2) A knife, brass knuckles or other knuckle weapon | 21 | | regardless of its composition, a billy club, or any other | 22 | | object if used or attempted to be used to cause bodily | 23 | | harm, including "look alikes" of any firearm as defined in | 24 | | subdivision (1) of this subsection (d). The expulsion | 25 | | requirement under this subdivision (2) may be modified by | 26 | | the superintendent, and the superintendent's determination |
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| 1 | | may be modified by the board on a case-by-case basis. | 2 | | Expulsion
or suspension
shall be construed in a
manner | 3 | | consistent with the Federal Individuals with Disabilities | 4 | | Education
Act. A student who is subject to suspension or | 5 | | expulsion as provided in this
Section may be eligible for a | 6 | | transfer to an alternative school program in
accordance with | 7 | | Article 13A of the School Code. The provisions of this
| 8 | | subsection (d) apply in all school districts,
including special | 9 | | charter districts and districts organized under Article 34.
| 10 | | (d-5) The board may suspend or by regulation
authorize the | 11 | | superintendent of the district or the principal, assistant
| 12 | | principal, or dean of students of any
school to suspend a | 13 | | student for a period not to exceed
10 school days or may expel | 14 | | a student for a definite period of time not to
exceed 2 | 15 | | calendar years, as determined on a case by case basis, if (i) | 16 | | that student has been determined to have made an explicit | 17 | | threat on an Internet website against a school employee, a | 18 | | student, or any school-related personnel, (ii) the Internet | 19 | | website through which the threat was made is a site that was | 20 | | accessible within the school at the time the threat was made or | 21 | | was available to third parties who worked or studied within the | 22 | | school grounds at the time the threat was made, and (iii) the | 23 | | threat could be reasonably interpreted as threatening to the | 24 | | safety and security of the threatened individual because of his | 25 | | or her duties or employment status or status as a student | 26 | | inside the school. The provisions of this
subsection (d-5) |
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| 1 | | apply in all school districts,
including special charter | 2 | | districts and districts organized under Article 34 of this | 3 | | Code.
| 4 | | (e) To maintain order and security in the schools, school | 5 | | authorities may
inspect and search places and areas such as | 6 | | lockers, desks, parking lots, and
other school property and | 7 | | equipment owned or controlled by the school, as well
as | 8 | | personal effects left in those places and areas by students, | 9 | | without notice
to or the consent of the student, and without a | 10 | | search warrant. As a matter of
public policy, the General | 11 | | Assembly finds that students have no reasonable
expectation of | 12 | | privacy in these places and areas or in their personal effects
| 13 | | left in these places and areas. School authorities may request | 14 | | the assistance
of law enforcement officials for the purpose of | 15 | | conducting inspections and
searches of lockers, desks, parking | 16 | | lots, and other school property and
equipment owned or | 17 | | controlled by the school for illegal drugs, weapons, or
other
| 18 | | illegal or dangerous substances or materials, including | 19 | | searches conducted
through the use of specially trained dogs. | 20 | | If a search conducted in accordance
with this Section produces | 21 | | evidence that the student has violated or is
violating either | 22 | | the law, local ordinance, or the school's policies or rules,
| 23 | | such evidence may be seized by school authorities, and | 24 | | disciplinary action may
be taken. School authorities may also | 25 | | turn over such evidence to law
enforcement authorities. The | 26 | | provisions of this subsection (e) apply in all
school |
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| 1 | | districts, including special charter districts and districts | 2 | | organized
under Article 34.
| 3 | | (f) Suspension or expulsion may include suspension or | 4 | | expulsion from
school and all school activities and a | 5 | | prohibition from being present on school
grounds.
| 6 | | (g) A school district may adopt a policy providing that if | 7 | | a student
is suspended or expelled for any reason from any | 8 | | public or private school
in this or any other state, the | 9 | | student must complete the entire term of
the suspension or | 10 | | expulsion in an alternative school program under Article 13A of | 11 | | this Code or an alternative learning opportunities program | 12 | | under Article 13B of this Code before being admitted into the | 13 | | school
district if there is no threat to the safety of students | 14 | | or staff in the alternative program. This subsection (g) | 15 | | applies to
all school districts, including special charter | 16 | | districts and districts
organized under Article 34 of this | 17 | | Code.
| 18 | | (k) The expulsion or suspension of children enrolled in | 19 | | preschool programs is subject to the requirements under | 20 | | paragraph (7) of subsection (a) of Section 2-3.71 of this Code. | 21 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10; | 22 | | 97-340, eff. 1-1-12; 97-495, eff. 1-1-12; 97-813, eff. 7-13-12; | 23 | | 97-1150, eff. 1-25-13.) | 24 | | (Text of Section after amendment by P.A. 99-456 ) | 25 | | Sec. 10-22.6. Suspension or expulsion of pupils; school |
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| 1 | | searches.
| 2 | | (a) To expel pupils guilty of gross disobedience or | 3 | | misconduct, including gross disobedience or misconduct | 4 | | perpetuated by electronic means, pursuant to subsection (b-20) | 5 | | of this Section, and
no action shall lie against them for such | 6 | | expulsion. Expulsion shall
take place only after the parents | 7 | | have been requested to appear at a
meeting of the board, or | 8 | | with a hearing officer appointed by it, to
discuss their | 9 | | child's behavior. Such request shall be made by registered
or | 10 | | certified mail and shall state the time, place and purpose of | 11 | | the
meeting. The board, or a hearing officer appointed by it, | 12 | | at such
meeting shall state the reasons for dismissal and the | 13 | | date on which the
expulsion is to become effective. If a | 14 | | hearing officer is appointed by
the board he shall report to | 15 | | the board a written summary of the evidence
heard at the | 16 | | meeting and the board may take such action thereon as it
finds | 17 | | appropriate. If the board acts to expel a pupil, the written | 18 | | expulsion decision shall detail the specific reasons why | 19 | | removing the pupil from the learning environment is in the best | 20 | | interest of the school. The expulsion decision shall also | 21 | | include a rationale as to the specific duration of the | 22 | | expulsion. An expelled pupil may be immediately transferred to | 23 | | an alternative program in the manner provided in Article 13A or | 24 | | 13B of this Code. A pupil must not be denied transfer because | 25 | | of the expulsion, except in cases in which such transfer is | 26 | | deemed to cause a threat to the safety of students or staff in |
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| 1 | | the alternative program.
| 2 | | (b) To suspend or by policy to authorize the superintendent | 3 | | of
the district or the principal, assistant principal, or dean | 4 | | of students
of any school to suspend pupils guilty of gross | 5 | | disobedience or misconduct, or
to suspend pupils guilty of | 6 | | gross disobedience or misconduct on the school bus
from riding | 7 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 8 | | this Section, and no action
shall lie against them for such | 9 | | suspension. The board may by policy
authorize the | 10 | | superintendent of the district or the principal, assistant
| 11 | | principal, or dean of students of any
school to suspend pupils | 12 | | guilty of such acts for a period not to exceed
10 school days. | 13 | | If a pupil is suspended due to gross disobedience or misconduct
| 14 | | on a school bus, the board may suspend the pupil in excess of | 15 | | 10
school
days for safety reasons. | 16 | | Any suspension shall be reported immediately to the
| 17 | | parents or guardian of a pupil along with a full statement of | 18 | | the
reasons for such suspension and a notice of their right to | 19 | | a review. The school board must be given a summary of the | 20 | | notice, including the reason for the suspension and the | 21 | | suspension length. Upon request of the
parents or guardian the | 22 | | school board or a hearing officer appointed by
it shall review | 23 | | such action of the superintendent or principal, assistant
| 24 | | principal, or dean of students. At such
review the parents or | 25 | | guardian of the pupil may appear and discuss the
suspension | 26 | | with the board or its hearing officer. If a hearing officer
is |
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| 1 | | appointed by the board he shall report to the board a written | 2 | | summary
of the evidence heard at the meeting. After its hearing | 3 | | or upon receipt
of the written report of its hearing officer, | 4 | | the board may take such
action as it finds appropriate. If a | 5 | | student is suspended pursuant to this subsection (b), the board | 6 | | shall, in the written suspension decision, detail the specific | 7 | | act of gross disobedience or misconduct resulting in the | 8 | | decision to suspend. The suspension decision shall also include | 9 | | a rationale as to the specific duration of the suspension. A | 10 | | pupil who is suspended in excess of 20 school days may be | 11 | | immediately transferred to an alternative program in the manner | 12 | | provided in Article 13A or 13B of this Code. A pupil must not | 13 | | be denied transfer because of the suspension, except in cases | 14 | | in which such transfer is deemed to cause a threat to the | 15 | | safety of students or staff in the alternative program.
| 16 | | (b-5) Among the many possible disciplinary interventions | 17 | | and consequences available to school officials, school | 18 | | exclusions, such as out-of-school suspensions and expulsions, | 19 | | are the most serious. School officials shall limit the number | 20 | | and duration of expulsions and suspensions to the greatest | 21 | | extent practicable, and it is recommended that they use them | 22 | | only for legitimate educational purposes. To ensure that | 23 | | students are not excluded from school unnecessarily, it is | 24 | | recommended that school officials consider forms of | 25 | | non-exclusionary discipline prior to using out-of-school | 26 | | suspensions or expulsions. |
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| 1 | | (b-10) Unless otherwise required by federal law or this | 2 | | Code, school boards may not institute zero-tolerance policies | 3 | | by which school administrators are required to suspend or expel | 4 | | students for particular behaviors. | 5 | | (b-15) Out-of-school suspensions of 3 days or less may be | 6 | | used only if the student's continuing presence in school would | 7 | | pose a threat to school safety or a disruption to other | 8 | | students' learning opportunities. For purposes of this | 9 | | subsection (b-15), "threat to school safety or a disruption to | 10 | | other students' learning opportunities" shall be determined on | 11 | | a case-by-case basis by the school board or its designee. | 12 | | School officials shall make all reasonable efforts to resolve | 13 | | such threats, address such disruptions, and minimize the length | 14 | | of suspensions to the greatest extent practicable. | 15 | | (b-20) Unless otherwise required by this Code, | 16 | | out-of-school suspensions of longer than 3 days, expulsions, | 17 | | and disciplinary removals to alternative schools may be used | 18 | | only if other appropriate and available behavioral and | 19 | | disciplinary interventions have been exhausted and the | 20 | | student's continuing presence in school would either (i) pose a
| 21 | | threat to the safety of other students, staff, or members of
| 22 | | the school community or (ii) substantially disrupt, impede, or
| 23 | | interfere with the operation of the school. For purposes of | 24 | | this subsection (b-20), "threat to the safety of other | 25 | | students, staff, or members of the school community" and | 26 | | "substantially disrupt, impede, or interfere with the |
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| 1 | | operation of the school" shall be determined on a case-by-case | 2 | | basis by school officials. For purposes of this subsection | 3 | | (b-20), the determination of whether "appropriate and | 4 | | available behavioral and disciplinary interventions have been | 5 | | exhausted" shall be made by school officials. School officials | 6 | | shall make all reasonable efforts to resolve such threats, | 7 | | address such disruptions, and minimize the length of student | 8 | | exclusions to the greatest extent practicable. Within the | 9 | | suspension decision described in subsection (b) of this Section | 10 | | or the expulsion decision described in subsection (a) of this | 11 | | Section, it shall be documented whether other interventions | 12 | | were attempted or whether it was determined that there were no | 13 | | other appropriate and available interventions. | 14 | | (b-25) Students who are suspended out-of-school for longer | 15 | | than 4 school days shall be provided appropriate and available | 16 | | support services during the period of their suspension. For | 17 | | purposes of this subsection (b-25), "appropriate and available | 18 | | support services" shall be determined by school authorities. | 19 | | Within the suspension decision described in subsection (b) of | 20 | | this Section, it shall be documented whether such services are | 21 | | to be provided or whether it was determined that there are no | 22 | | such appropriate and available services. | 23 | | A school district may refer students who are expelled to | 24 | | appropriate and available support services. | 25 | | A school district shall create a policy to facilitate the | 26 | | re-engagement of students who are suspended out-of-school, |
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| 1 | | expelled, or returning from an alternative school setting. | 2 | | (b-30) A school district shall create a policy by which | 3 | | suspended pupils, including those pupils suspended from the | 4 | | school bus who do not have alternate transportation to school, | 5 | | shall have the opportunity to make up work for equivalent | 6 | | academic credit. It shall be the responsibility of a pupil's | 7 | | parent or guardian to notify school officials that a pupil | 8 | | suspended from the school bus does not have alternate | 9 | | transportation to school. | 10 | | (c) The Department of Human Services
shall be invited to | 11 | | send a representative to consult with the board at
such meeting | 12 | | whenever there is evidence that mental illness may be the
cause | 13 | | for expulsion or suspension.
| 14 | | (c-5) School districts shall make reasonable efforts to | 15 | | provide ongoing professional development to teachers, | 16 | | administrators, school board members, school resource | 17 | | officers, and staff on the adverse consequences of school | 18 | | exclusion and justice-system involvement, effective classroom | 19 | | management strategies, culturally responsive discipline, and | 20 | | developmentally appropriate disciplinary methods that promote | 21 | | positive and healthy school climates. | 22 | | (d) The board may expel a student for a definite period of | 23 | | time not to
exceed 2 calendar years, as determined on a case by | 24 | | case basis.
A student who
is determined to have brought one of | 25 | | the following objects to school, any school-sponsored activity
| 26 | | or event, or any activity or event that bears a reasonable |
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| 1 | | relationship to school shall be expelled for a period of not | 2 | | less than
one year: | 3 | | (1) A firearm. For the purposes of this Section, | 4 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 5 | | by Section 921 of Title 18 of the United States Code, | 6 | | firearm as defined in Section 1.1 of the Firearm Owners | 7 | | Identification Card Act, or firearm as defined in Section | 8 | | 24-1 of the Criminal Code of 2012. The expulsion period | 9 | | under this subdivision (1) may be modified by the | 10 | | superintendent, and the superintendent's determination may | 11 | | be modified by the board on a case-by-case basis. | 12 | | (2) A knife, brass knuckles or other knuckle weapon | 13 | | regardless of its composition, a billy club, or any other | 14 | | object if used or attempted to be used to cause bodily | 15 | | harm, including "look alikes" of any firearm as defined in | 16 | | subdivision (1) of this subsection (d). The expulsion | 17 | | requirement under this subdivision (2) may be modified by | 18 | | the superintendent, and the superintendent's determination | 19 | | may be modified by the board on a case-by-case basis. | 20 | | Expulsion
or suspension
shall be construed in a
manner | 21 | | consistent with the Federal Individuals with Disabilities | 22 | | Education
Act. A student who is subject to suspension or | 23 | | expulsion as provided in this
Section may be eligible for a | 24 | | transfer to an alternative school program in
accordance with | 25 | | Article 13A of the School Code.
| 26 | | (d-5) The board may suspend or by regulation
authorize the |
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| 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.
| 17 | | (e) To maintain order and security in the schools, school | 18 | | authorities may
inspect and search places and areas such as | 19 | | lockers, desks, parking lots, and
other school property and | 20 | | equipment owned or controlled by the school, as well
as | 21 | | personal effects left in those places and areas by students, | 22 | | without notice
to or the consent of the student, and without a | 23 | | search warrant. As a matter of
public policy, the General | 24 | | Assembly finds that students have no reasonable
expectation of | 25 | | privacy in these places and areas or in their personal effects
| 26 | | left in these places and areas. School authorities may request |
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| 1 | | the assistance
of law enforcement officials for the purpose of | 2 | | conducting inspections and
searches of lockers, desks, parking | 3 | | lots, and other school property and
equipment owned or | 4 | | controlled by the school for illegal drugs, weapons, or
other
| 5 | | illegal or dangerous substances or materials, including | 6 | | searches conducted
through the use of specially trained dogs. | 7 | | If a search conducted in accordance
with this Section produces | 8 | | evidence that the student has violated or is
violating either | 9 | | the law, local ordinance, or the school's policies or rules,
| 10 | | such evidence may be seized by school authorities, and | 11 | | disciplinary action may
be taken. School authorities may also | 12 | | turn over such evidence to law
enforcement authorities.
| 13 | | (f) Suspension or expulsion may include suspension or | 14 | | expulsion from
school and all school activities and a | 15 | | prohibition from being present on school
grounds.
| 16 | | (g) A school district may adopt a policy providing that if | 17 | | a student
is suspended or expelled for any reason from any | 18 | | public or private school
in this or any other state, the | 19 | | student must complete the entire term of
the suspension or | 20 | | expulsion in an alternative school program under Article 13A of | 21 | | this Code or an alternative learning opportunities program | 22 | | under Article 13B of this Code before being admitted into the | 23 | | school
district if there is no threat to the safety of students | 24 | | or staff in the alternative program.
| 25 | | (h) School officials shall not advise or encourage students | 26 | | to drop out voluntarily due to behavioral or academic |
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| 1 | | difficulties. | 2 | | (i) A student may not be issued a monetary fine or fee as a | 3 | | disciplinary consequence, though this shall not preclude | 4 | | requiring a student to provide restitution for lost, stolen, or | 5 | | damaged property. | 6 | | (j) Subsections (a) through (i) of this Section shall apply | 7 | | to elementary and secondary schools, charter schools, special | 8 | | charter districts, and school districts organized under | 9 | | Article 34 of this Code. | 10 | | (k) The expulsion or suspension of children enrolled in | 11 | | preschool programs is subject to the requirements under | 12 | | paragraph (7) of subsection (a) of Section 2-3.71 of this Code. | 13 | | (Source: P.A. 99-456, eff. 9-15-16.)
| 14 | | Section 10. The Illinois Public Aid Code is amended by | 15 | | adding Section 9A-11.10 as follows: | 16 | | (305 ILCS 5/9A-11.10 new) | 17 | | Sec. 9A-11.10. Child care limitation on expulsions and | 18 | | suspensions. Consistent with the purposes of this amendatory | 19 | | Act of the 99th General Assembly, any child care provider | 20 | | receiving funds from the child care assistance program under | 21 | | this Code is subject to the requirements under paragraph (7) of | 22 | | subsection (a) of Section 2-3.71 of the School Code when taking | 23 | | actions due to a child's persistent and serious challenging | 24 | | behaviors.
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| 1 | | Section 95. No acceleration or delay. Where this Act makes | 2 | | changes in a statute that is represented in this Act by text | 3 | | that is not yet or no longer in effect (for example, a Section | 4 | | represented by multiple versions), the use of that text does | 5 | | not accelerate or delay the taking effect of (i) the changes | 6 | | made by this Act or (ii) provisions derived from any other | 7 | | Public Act.".
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