Full Text of HB2663 100th General Assembly
HB2663eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning children.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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, particularly 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 U.S. Department of Education | 18 | | indicate that there are significant disparities within | 19 | | this trend. African American boys make up 19% of preschool | 20 | | enrollment but 45% of preschoolers suspended more than | 21 | | once. Other research shows that while Hispanic and African | 22 | | American boys combined represent 46% of all boys in | 23 | | preschool, these children represent 55% of preschool boys | 24 | | suspended. Boys make up 79% of preschoolers suspended once |
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| 1 | | and 82% of preschoolers suspended multiple times. African | 2 | | American girls also represent 54% of female children | 3 | | receiving one or more out-of-school suspensions, but only | 4 | | 20% of female preschool enrollment overall. | 5 | | (4) A study completed in 2005 analyzing expulsion rates | 6 | | among states indicated that while this State reported the | 7 | | sixth-lowest expulsion rate of the 40 states surveyed, | 8 | | pre-kindergartners were expelled at a rate 3 times that of | 9 | | their older peers. A study conducted in 2002 in Chicago | 10 | | showed a high rate of expulsion, particularly in | 11 | | infant-toddler programs, with over 40% of child care | 12 | | programs asking a child to leave because of | 13 | | social-emotional and behavioral problems, with the most | 14 | | challenging behaviors being biting, hitting, and | 15 | | aggressive behavior. | 16 | | (5) This State has recently improved expulsion and | 17 | | suspension practices in grades kindergarten through 12 via | 18 | | Public Act 99-456, and the federal government has imposed | 19 | | new expulsion and suspension policy requirements on some | 20 | | federally funded early childhood programs. These | 21 | | protections are important, but inconsistent and | 22 | | incomplete, as they do not cover all children in Illinois | 23 | | early learning programs. | 24 | | (6) Access to infant and early childhood mental health | 25 | | consultants and positive behavior intervention and support | 26 | | have been shown to reduce or prevent expulsion and |
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| 1 | | suspension in early care and education programs. Early | 2 | | childhood professionals also need training, technical | 3 | | assistance, and professional development support to ensure | 4 | | they are able to respond to the social-emotional needs of | 5 | | young children and to ensure successful student | 6 | | participation in programs. | 7 | | (7) Nationally and in this State, insufficient data | 8 | | collection hinders the ability to gauge the prevalence of | 9 | | expulsion or suspension of children from a range of early | 10 | | learning programs prior to formal school entry. | 11 | | (b) The purposes of this Act are to: | 12 | | (1) ensure that the goals of any disciplinary action by | 13 | | State-funded or State-licensed early childhood programs | 14 | | shall always include the well-being of all children, | 15 | | including those experiencing difficulties as well as | 16 | | others in the classroom, and prohibit the behavior-related | 17 | | removal of young children from early care and education | 18 | | settings without prior documentation, intervention, and | 19 | | planned transitions; | 20 | | (2) ensure that early childhood professionals have the | 21 | | resources needed to support children's social and | 22 | | emotional health and to address challenging behaviors; and | 23 | | (3) develop systems to track expulsion and suspension. | 24 | | Section 5. The School Code is amended by changing Sections | 25 | | 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 |
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| 1 | | program. Based on available appropriations, newly funded | 2 | | programs shall be selected through a process giving first | 3 | | priority to qualified programs serving primarily at-risk | 4 | | children and second priority to qualified programs serving | 5 | | primarily children with a family income of less than 4 | 6 | | times the poverty guidelines updated periodically in the | 7 | | Federal Register by the U.S. Department of Health and Human | 8 | | Services under the authority of 42 U.S.C. 9902(2). For | 9 | | purposes of this paragraph (4.5), at-risk children are | 10 | | those who because of their home and community environment | 11 | | are subject
to such language, cultural, economic and like | 12 | | disadvantages to cause them to have
been determined as a | 13 | | result of screening procedures to be at risk of
academic | 14 | | failure. Such screening procedures shall be based on | 15 | | criteria
established by the State Board of Education. | 16 | | Except as otherwise provided in this paragraph (4.5), | 17 | | grantees under the program must enter into a memorandum of | 18 | | understanding with the appropriate local Head Start | 19 | | agency. This memorandum must be entered into no later than | 20 | | 3 months after the award of a grantee's grant under the | 21 | | program, except that, in the case of the 2009-2010 program | 22 | | year, the memorandum must be entered into no later than the | 23 | | deadline set by the State Board of Education for | 24 | | applications to participate in the program in fiscal year | 25 | | 2011, and must address collaboration between the grantee's | 26 | | program and the local Head Start agency on certain issues, |
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| 1 | | which shall include without limitation the following: | 2 | | (A) educational activities, curricular objectives, | 3 | | and instruction; | 4 | | (B) public information dissemination and access to | 5 | | programs for families contacting programs; | 6 | | (C) service areas; | 7 | | (D) selection priorities for eligible children to | 8 | | be served by programs; | 9 | | (E) maximizing the impact of federal and State | 10 | | funding to benefit young children; | 11 | | (F) staff training, including opportunities for | 12 | | joint staff training; | 13 | | (G) technical assistance; | 14 | | (H) communication and parent outreach for smooth | 15 | | transitions to kindergarten; | 16 | | (I) provision and use of facilities, | 17 | | transportation, and other program elements; | 18 | | (J) facilitating each program's fulfillment of its | 19 | | statutory and regulatory requirements; | 20 | | (K) improving local planning and collaboration; | 21 | | and | 22 | | (L) providing comprehensive services for the | 23 | | neediest Illinois children and families. | 24 | | If the appropriate local Head Start agency is unable or | 25 | | unwilling to enter into a memorandum of understanding as | 26 | | required under this paragraph (4.5), the memorandum of |
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| 1 | | understanding requirement shall not apply and the grantee | 2 | | under the program must notify the State Board of Education | 3 | | in writing of the Head Start agency's inability or | 4 | | unwillingness. The State Board of Education shall compile | 5 | | all such written notices and make them available to the | 6 | | public.
| 7 | | (5) The State Board of Education shall develop and | 8 | | provide
evaluation tools, including tests, that school | 9 | | districts and other eligible entities may use to
evaluate | 10 | | children for school readiness prior to age 5. The State | 11 | | Board of
Education shall require school districts and other | 12 | | eligible entities
to obtain consent from the parents
or | 13 | | guardians of children before any evaluations are | 14 | | conducted. The State
Board of Education shall encourage | 15 | | local school districts and other eligible entities to | 16 | | evaluate the
population of preschool children in their | 17 | | communities and provide preschool
programs, pursuant to | 18 | | this subsection, where appropriate.
| 19 | | (6) The State Board of Education shall report to the | 20 | | General Assembly by November 1, 2018 2010
and every
2 3 | 21 | | years thereafter on the results and progress of
students | 22 | | who were enrolled in preschool educational programs, | 23 | | including an
assessment of which programs have been most | 24 | | successful in promoting
academic excellence and | 25 | | alleviating academic failure. The State Board of
Education | 26 | | shall assess the academic progress of all students who have |
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| 1 | | been
enrolled in preschool educational programs.
| 2 | | On or before November 1 of each fiscal year in which | 3 | | the General Assembly provides funding for new programs | 4 | | under paragraph (4.5) of this Section, the State Board of | 5 | | Education shall report to the General Assembly on what | 6 | | percentage of new funding was provided to programs serving | 7 | | primarily at-risk children, what percentage of new funding | 8 | | was provided to programs serving primarily children with a | 9 | | family income of less than 4 times the federal poverty | 10 | | level, and what percentage of new funding was provided to | 11 | | other programs. | 12 | | (7) Due to evidence that expulsion practices in the | 13 | | preschool years are linked to poor child outcomes and are | 14 | | employed inconsistently across racial and gender groups, | 15 | | early childhood programs receiving State funds under this | 16 | | subsection (a) shall prohibit expulsions. Planned | 17 | | transitions to settings that are able to better meet a | 18 | | child's needs are not considered expulsion under this | 19 | | paragraph (7). | 20 | | (A) When persistent and serious challenging | 21 | | behaviors emerge, the early childhood program shall | 22 | | document steps taken to ensure that the child can | 23 | | participate safely in the program; including | 24 | | observations of initial and ongoing challenging | 25 | | behaviors, strategies for remediation and intervention | 26 | | plans to address the behaviors, and communication with |
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| 1 | | the parent or legal guardian, including participation | 2 | | of the parent or legal guardian in planning and | 3 | | decision-making. | 4 | | (B) The early childhood program shall, with | 5 | | parental or legal guardian consent as required, | 6 | | utilize a range of community resources, if available | 7 | | and deemed necessary, including, but not limited to, | 8 | | developmental screenings, referrals to programs and | 9 | | services administered by a local educational agency or | 10 | | early intervention agency under Parts B and C of the | 11 | | federal Individual with Disabilities Education Act, | 12 | | and consultation with infant and early childhood | 13 | | mental health consultants and the child's health care | 14 | | provider. The program shall document attempts to | 15 | | engage these resources, including parent or legal | 16 | | guardian participation and consent attempted and | 17 | | obtained. Communication with the parent or legal | 18 | | guardian shall take place in a culturally and | 19 | | linguistically competent manner. | 20 | | (C) If there is documented evidence that all | 21 | | available interventions and supports recommended by a | 22 | | qualified professional have been exhausted and the | 23 | | program determines in its professional judgment that | 24 | | transitioning a child to another program is necessary | 25 | | for the well-being of the child or his or her peers and | 26 | | staff, with parent or legal guardian permission, both |
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| 1 | | the current and pending programs shall create a | 2 | | transition plan designed to ensure continuity of | 3 | | services and the comprehensive development of the | 4 | | child. Communication with families shall occur in a | 5 | | culturally and linguistically competent manner. | 6 | | (D) Nothing in this paragraph (7) shall preclude a | 7 | | parent's or legal guardian's right to voluntarily | 8 | | withdraw his or her child from an early childhood | 9 | | program. Early childhood programs shall request and | 10 | | keep on file, when received, a written statement from | 11 | | the parent or legal guardian stating the reason for his | 12 | | or her decision to withdraw his or her child. | 13 | | (E) In the case of the determination of a serious | 14 | | safety threat to a child or others or in the case of | 15 | | behaviors listed in subsection (d) of Section 10-22.6 | 16 | | of this Code, the temporary removal of a child from | 17 | | attendance in group settings may be used. Temporary | 18 | | removal of a child from attendance in a group setting | 19 | | shall trigger the process detailed in subparagraphs | 20 | | (A), (B), and (C) of this paragraph (7), with the child | 21 | | placed back in a group setting as quickly as possible. | 22 | | (F) Early childhood programs may utilize and the | 23 | | State Board of Education, the Department of Human | 24 | | Services, and the Department of Children and Family | 25 | | Services shall recommend training, technical support, | 26 | | and professional development resources to improve the |
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| 1 | | ability of teachers, administrators, program | 2 | | directors, and other staff to promote social-emotional | 3 | | development and behavioral health, to address | 4 | | challenging behaviors, and to understand trauma and | 5 | | trauma-informed care, cultural competence, family | 6 | | engagement with diverse populations, the impact of | 7 | | implicit bias on adult behavior, and the use of | 8 | | reflective practice techniques. Support shall include | 9 | | the availability of resources to contract with infant | 10 | | and early childhood mental health consultants. | 11 | | (G) Beginning on July 1, 2018, early childhood | 12 | | programs shall annually report to the State Board of | 13 | | Education, and, beginning in fiscal year 2020, the | 14 | | State Board of Education shall make available on a | 15 | | biennial basis, in an existing report, all of the | 16 | | following data for children from birth to age 5 who are | 17 | | served by the program: | 18 | | (i) Total number served over the course of the | 19 | | program year and the total number of children who | 20 | | left the program during the program year. | 21 | | (ii) Number of planned transitions to another | 22 | | program due to children's behavior, by children's | 23 | | race, gender, disability, language, class/group | 24 | | size, teacher-child ratio, and length of program | 25 | | day. | 26 | | (iii) Number of temporary removals of a child |
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| 1 | | from attendance in group settings due to a serious | 2 | | safety threat under subparagraph (E) of this | 3 | | paragraph (7), by children's race, gender, | 4 | | disability, language, class/group size, | 5 | | teacher-child ratio, and length of program day. | 6 | | (iv) Hours of infant and early childhood | 7 | | mental health consultant contact with program | 8 | | leaders, staff, and families over the program | 9 | | year. | 10 | | (H) Changes to services for children with an | 11 | | individualized education program or individual family | 12 | | service plan shall be construed in a manner consistent | 13 | | with the federal Individuals with Disabilities | 14 | | Education Act. | 15 | | The State Board of Education, in consultation with the | 16 | | Governor's Office of Early Childhood Development and the | 17 | | Department of Children and Family Services, shall adopt | 18 | | rules to administer this paragraph (7). | 19 | | (b) (Blank).
| 20 | | (Source: P.A. 95-724, eff. 6-30-08; 96-119, eff. 8-4-09; | 21 | | 96-944, eff. 6-25-10; 96-948, eff. 6-25-10.)
| 22 | | (105 ILCS 5/2-3.71a) (from Ch. 122, par. 2-3.71a)
| 23 | | Sec. 2-3.71a. Grants for early childhood parental training | 24 | | programs. The State Board of Education shall implement and | 25 | | administer a grant
program consisting of
grants to public |
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| 1 | | school districts and other eligible entities, as defined by the | 2 | | State Board of Education, to conduct early childhood parental | 3 | | training programs for the parents of
children in the period of | 4 | | life from
birth to kindergarten. A public
school district that | 5 | | receives
grants under this Section may contract with
other | 6 | | eligible entities to conduct an early childhood parental | 7 | | training program.
These grants must be used to supplement, not | 8 | | supplant, funds received from any other source. A school board | 9 | | or other eligible entity
shall employ appropriately qualified | 10 | | personnel for its early
childhood parental training program, | 11 | | including but not limited to certified
teachers, counselors, | 12 | | psychiatrists, psychologists and social workers.
| 13 | | (a) As used in this Section, "parental training" means and | 14 | | includes
instruction in the following:
| 15 | | (1) Child growth and development, including prenatal | 16 | | development.
| 17 | | (2) Childbirth and child care.
| 18 | | (3) Family structure, function and management.
| 19 | | (4) Prenatal and postnatal care for mothers and | 20 | | infants.
| 21 | | (5) Prevention of child abuse.
| 22 | | (6) The physical, mental, emotional, social, economic | 23 | | and psychological
aspects of interpersonal and family | 24 | | relationships.
| 25 | | (7) Parenting skill development.
| 26 | | The programs shall include activities that require |
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| 1 | | substantial
participation and interaction between parent and | 2 | | child.
| 3 | | (b) The Board shall annually award funds through a grant | 4 | | approval process established by the State Board of Education,
| 5 | | providing that an annual appropriation is made for this purpose | 6 | | from State,
federal or private funds. Nothing in this Section | 7 | | shall preclude school
districts from applying for or accepting | 8 | | private funds to establish and
implement programs.
| 9 | | (c) The State Board of Education shall assist those | 10 | | districts and other eligible entities offering
early childhood | 11 | | parental training programs, upon request, in developing | 12 | | instructional
materials, training teachers and staff, and | 13 | | establishing appropriate time
allotments for each of the areas | 14 | | included in such instruction.
| 15 | | (d) School districts and other eligible entities may offer | 16 | | early childhood parental training courses during that
period of | 17 | | the day which is not part of the regular school day. Residents
| 18 | | of the community may enroll in such courses. The school board | 19 | | or other eligible entity may
establish fees and collect such | 20 | | charges as may be necessary for attendance
at such courses in | 21 | | an amount not to exceed the per capita cost of the
operation | 22 | | thereof, except that the board or other eligible entity may | 23 | | waive all or part of such
charges if it determines that the | 24 | | parent is indigent or that the
educational needs of the parent | 25 | | require his or her attendance at such courses.
| 26 | | (e) Parents who participate in early childhood parental |
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| 1 | | training
programs under this Section may be eligible for | 2 | | reasonable reimbursement
of any incidental transportation and | 3 | | child care expenses from the school
district receiving funds | 4 | | pursuant to this Section.
| 5 | | (f) Districts and other eligible entities receiving
grants | 6 | | pursuant to this Section shall
coordinate programs created | 7 | | under this
Section with other preschool educational programs, | 8 | | including "at-risk"
preschool programs, special and vocational | 9 | | education, and related
services provided by other governmental | 10 | | agencies and not-for-profit agencies.
| 11 | | (g) The State Board of Education shall report to the | 12 | | General Assembly
by July 1, 1991, on the results of the | 13 | | programs funded pursuant to this
Section and whether a need | 14 | | continues
for such programs.
| 15 | | (h) After July 1, 2006, any parental training services | 16 | | funded pursuant to this Section on the effective date of this | 17 | | amendatory Act of the 94th General Assembly shall continue to | 18 | | be funded pursuant to this Section, subject to appropriation | 19 | | and the meeting of program standards. Any additional parental | 20 | | training services must be funded, subject to appropriation, | 21 | | through preschool education grants pursuant to subdivision (4) | 22 | | of subsection (a) of Section 2-3.71 of this Code for families | 23 | | with children ages 3 to 5 and through prevention initiative | 24 | | grants pursuant to subsection (b) of Section 2-3.89 of this | 25 | | Code for expecting families and those with children from birth | 26 | | to 3 years of age.
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| 1 | | (i) Early childhood programs under this Section are subject | 2 | | to the requirements under paragraph (7) of subsection (a) of | 3 | | Section 2-3.71 of this Code. | 4 | | (Source: P.A. 94-506, eff. 8-8-05.)
| 5 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 6 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 7 | | searches.
| 8 | | (a) To expel pupils guilty of gross disobedience or | 9 | | misconduct, including gross disobedience or misconduct | 10 | | perpetuated by electronic means, pursuant to subsection (b-20) | 11 | | of this Section, and
no action shall lie against them for such | 12 | | expulsion. Expulsion shall
take place only after the parents | 13 | | have been requested to appear at a
meeting of the board, or | 14 | | with a hearing officer appointed by it, to
discuss their | 15 | | child's behavior. Such request shall be made by registered
or | 16 | | certified mail and shall state the time, place and purpose of | 17 | | the
meeting. The board, or a hearing officer appointed by it, | 18 | | at such
meeting shall state the reasons for dismissal and the | 19 | | date on which the
expulsion is to become effective. If a | 20 | | hearing officer is appointed by
the board he shall report to | 21 | | the board a written summary of the evidence
heard at the | 22 | | meeting and the board may take such action thereon as it
finds | 23 | | appropriate. If the board acts to expel a pupil, the written | 24 | | expulsion decision shall detail the specific reasons why | 25 | | removing the pupil from the learning environment is in the best |
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| 1 | | interest of the school. The expulsion decision shall also | 2 | | include a rationale as to the specific duration of the | 3 | | expulsion. An expelled pupil may be immediately transferred to | 4 | | an alternative program in the manner provided in Article 13A or | 5 | | 13B of this Code. A pupil must not be denied transfer because | 6 | | of the expulsion, except in cases in which such transfer is | 7 | | deemed to cause a threat to the safety of students or staff in | 8 | | the alternative program.
| 9 | | (b) To suspend or by policy to authorize the superintendent | 10 | | of
the district or the principal, assistant principal, or dean | 11 | | of students
of any school to suspend pupils guilty of gross | 12 | | disobedience or misconduct, or
to suspend pupils guilty of | 13 | | gross disobedience or misconduct on the school bus
from riding | 14 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 15 | | this Section, and no action
shall lie against them for such | 16 | | suspension. The board may by policy
authorize the | 17 | | superintendent of the district or the principal, assistant
| 18 | | principal, or dean of students of any
school to suspend pupils | 19 | | guilty of such acts for a period not to exceed
10 school days. | 20 | | If a pupil is suspended due to gross disobedience or misconduct
| 21 | | on a school bus, the board may suspend the pupil in excess of | 22 | | 10
school
days for safety reasons. | 23 | | Any suspension shall be reported immediately to the
| 24 | | parents or guardian of a pupil along with a full statement of | 25 | | the
reasons for such suspension and a notice of their right to | 26 | | a review. The school board must be given a summary of the |
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| 1 | | notice, including the reason for the suspension and the | 2 | | suspension length. Upon request of the
parents or guardian the | 3 | | school board or a hearing officer appointed by
it shall review | 4 | | such action of the superintendent or principal, assistant
| 5 | | principal, or dean of students. At such
review the parents or | 6 | | guardian of the pupil may appear and discuss the
suspension | 7 | | with the board or its hearing officer. If a hearing officer
is | 8 | | appointed by the board he shall report to the board a written | 9 | | summary
of the evidence heard at the meeting. After its hearing | 10 | | or upon receipt
of the written report of its hearing officer, | 11 | | the board may take such
action as it finds appropriate. If a | 12 | | student is suspended pursuant to this subsection (b), the board | 13 | | shall, in the written suspension decision, detail the specific | 14 | | act of gross disobedience or misconduct resulting in the | 15 | | decision to suspend. The suspension decision shall also include | 16 | | a rationale as to the specific duration of the suspension. A | 17 | | pupil who is suspended in excess of 20 school days may be | 18 | | immediately transferred to an alternative program in the manner | 19 | | provided in Article 13A or 13B of this Code. A pupil must not | 20 | | be denied transfer because of the suspension, except in cases | 21 | | in which such transfer is deemed to cause a threat to the | 22 | | safety of students or staff in the alternative program.
| 23 | | (b-5) Among the many possible disciplinary interventions | 24 | | and consequences available to school officials, school | 25 | | exclusions, such as out-of-school suspensions and expulsions, | 26 | | are the most serious. School officials shall limit the number |
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| 1 | | and duration of expulsions and suspensions to the greatest | 2 | | extent practicable, and it is recommended that they use them | 3 | | only for legitimate educational purposes. To ensure that | 4 | | students are not excluded from school unnecessarily, it is | 5 | | recommended that school officials consider forms of | 6 | | non-exclusionary discipline prior to using out-of-school | 7 | | suspensions or expulsions. | 8 | | (b-10) Unless otherwise required by federal law or this | 9 | | Code, school boards may not institute zero-tolerance policies | 10 | | by which school administrators are required to suspend or expel | 11 | | students for particular behaviors. | 12 | | (b-15) Out-of-school suspensions of 3 days or less may be | 13 | | used only if the student's continuing presence in school would | 14 | | pose a threat to school safety or a disruption to other | 15 | | students' learning opportunities. For purposes of this | 16 | | subsection (b-15), "threat to school safety or a disruption to | 17 | | other students' learning opportunities" shall be determined on | 18 | | a case-by-case basis by the school board or its designee. | 19 | | School officials shall make all reasonable efforts to resolve | 20 | | such threats, address such disruptions, and minimize the length | 21 | | of suspensions to the greatest extent practicable. | 22 | | (b-20) Unless otherwise required by this Code, | 23 | | out-of-school suspensions of longer than 3 days, expulsions, | 24 | | and disciplinary removals to alternative schools may be used | 25 | | only if other appropriate and available behavioral and | 26 | | disciplinary interventions have been exhausted and the |
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| 1 | | student's continuing presence in school would either (i) pose a
| 2 | | threat to the safety of other students, staff, or members of
| 3 | | the school community or (ii) substantially disrupt, impede, or
| 4 | | interfere with the operation of the school. For purposes of | 5 | | this subsection (b-20), "threat to the safety of other | 6 | | students, staff, or members of the school community" and | 7 | | "substantially disrupt, impede, or interfere with the | 8 | | operation of the school" shall be determined on a case-by-case | 9 | | basis by school officials. For purposes of this subsection | 10 | | (b-20), the determination of whether "appropriate and | 11 | | available behavioral and disciplinary interventions have been | 12 | | exhausted" shall be made by school officials. School officials | 13 | | shall make all reasonable efforts to resolve such threats, | 14 | | address such disruptions, and minimize the length of student | 15 | | exclusions to the greatest extent practicable. Within the | 16 | | suspension decision described in subsection (b) of this Section | 17 | | or the expulsion decision described in subsection (a) of this | 18 | | Section, it shall be documented whether other interventions | 19 | | were attempted or whether it was determined that there were no | 20 | | other appropriate and available interventions. | 21 | | (b-25) Students who are suspended out-of-school for longer | 22 | | than 4 school days shall be provided appropriate and available | 23 | | support services during the period of their suspension. For | 24 | | purposes of this subsection (b-25), "appropriate and available | 25 | | support services" shall be determined by school authorities. | 26 | | Within the suspension decision described in subsection (b) of |
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| 1 | | this Section, it shall be documented whether such services are | 2 | | to be provided or whether it was determined that there are no | 3 | | such appropriate and available services. | 4 | | A school district may refer students who are expelled to | 5 | | appropriate and available support services. | 6 | | A school district shall create a policy to facilitate the | 7 | | re-engagement of students who are suspended out-of-school, | 8 | | expelled, or returning from an alternative school setting. | 9 | | (b-30) A school district shall create a policy by which | 10 | | suspended pupils, including those pupils suspended from the | 11 | | school bus who do not have alternate transportation to school, | 12 | | shall have the opportunity to make up work for equivalent | 13 | | academic credit. It shall be the responsibility of a pupil's | 14 | | parent or guardian to notify school officials that a pupil | 15 | | suspended from the school bus does not have alternate | 16 | | transportation to school. | 17 | | (c) The Department of Human Services
shall be invited to | 18 | | send a representative to consult with the board at
such meeting | 19 | | whenever there is evidence that mental illness may be the
cause | 20 | | for expulsion or suspension.
| 21 | | (c-5) School districts shall make reasonable efforts to | 22 | | provide ongoing professional development to teachers, | 23 | | administrators, school board members, school resource | 24 | | officers, and staff on the adverse consequences of school | 25 | | exclusion and justice-system involvement, effective classroom | 26 | | management strategies, culturally responsive discipline, and |
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| 1 | | developmentally appropriate disciplinary methods that promote | 2 | | positive and healthy school climates. | 3 | | (d) The board may expel a student for a definite period of | 4 | | time not to
exceed 2 calendar years, as determined on a case by | 5 | | case basis.
A student who
is determined to have brought one of | 6 | | the following objects to school, any school-sponsored activity
| 7 | | or event, or any activity or event that bears a reasonable | 8 | | relationship to school shall be expelled for a period of not | 9 | | less than
one year: | 10 | | (1) A firearm. For the purposes of this Section, | 11 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 12 | | by Section 921 of Title 18 of the United States Code, | 13 | | firearm as defined in Section 1.1 of the Firearm Owners | 14 | | Identification Card Act, or firearm as defined in Section | 15 | | 24-1 of the Criminal Code of 2012. The expulsion period | 16 | | under this subdivision (1) may be modified by the | 17 | | superintendent, and the superintendent's determination may | 18 | | be modified by the board on a case-by-case basis. | 19 | | (2) A knife, brass knuckles or other knuckle weapon | 20 | | regardless of its composition, a billy club, or any other | 21 | | object if used or attempted to be used to cause bodily | 22 | | harm, including "look alikes" of any firearm as defined in | 23 | | subdivision (1) of this subsection (d). The expulsion | 24 | | requirement under this subdivision (2) may be modified by | 25 | | the superintendent, and the superintendent's determination | 26 | | may be modified by the board on a case-by-case basis. |
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| 1 | | Expulsion
or suspension
shall be construed in a
manner | 2 | | consistent with the Federal Individuals with Disabilities | 3 | | Education
Act. A student who is subject to suspension or | 4 | | expulsion as provided in this
Section may be eligible for a | 5 | | transfer to an alternative school program in
accordance with | 6 | | Article 13A of the School Code.
| 7 | | (d-5) The board may suspend or by regulation
authorize the | 8 | | superintendent of the district or the principal, assistant
| 9 | | principal, or dean of students of any
school to suspend a | 10 | | student for a period not to exceed
10 school days or may expel | 11 | | a student for a definite period of time not to
exceed 2 | 12 | | calendar years, as determined on a case by case basis, if (i) | 13 | | that student has been determined to have made an explicit | 14 | | threat on an Internet website against a school employee, a | 15 | | student, or any school-related personnel, (ii) the Internet | 16 | | website through which the threat was made is a site that was | 17 | | accessible within the school at the time the threat was made or | 18 | | was available to third parties who worked or studied within the | 19 | | school grounds at the time the threat was made, and (iii) the | 20 | | threat could be reasonably interpreted as threatening to the | 21 | | safety and security of the threatened individual because of his | 22 | | or her duties or employment status or status as a student | 23 | | inside the school.
| 24 | | (e) To maintain order and security in the schools, school | 25 | | authorities may
inspect and search places and areas such as | 26 | | lockers, desks, parking lots, and
other school property and |
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| 1 | | equipment owned or controlled by the school, as well
as | 2 | | personal effects left in those places and areas by students, | 3 | | without notice
to or the consent of the student, and without a | 4 | | search warrant. As a matter of
public policy, the General | 5 | | Assembly finds that students have no reasonable
expectation of | 6 | | privacy in these places and areas or in their personal effects
| 7 | | left in these places and areas. School authorities may request | 8 | | the assistance
of law enforcement officials for the purpose of | 9 | | conducting inspections and
searches of lockers, desks, parking | 10 | | lots, and other school property and
equipment owned or | 11 | | controlled by the school for illegal drugs, weapons, or
other
| 12 | | illegal or dangerous substances or materials, including | 13 | | searches conducted
through the use of specially trained dogs. | 14 | | If a search conducted in accordance
with this Section produces | 15 | | evidence that the student has violated or is
violating either | 16 | | the law, local ordinance, or the school's policies or rules,
| 17 | | such evidence may be seized by school authorities, and | 18 | | disciplinary action may
be taken. School authorities may also | 19 | | turn over such evidence to law
enforcement authorities.
| 20 | | (f) Suspension or expulsion may include suspension or | 21 | | expulsion from
school and all school activities and a | 22 | | prohibition from being present on school
grounds.
| 23 | | (g) A school district may adopt a policy providing that if | 24 | | a student
is suspended or expelled for any reason from any | 25 | | public or private school
in this or any other state, the | 26 | | student must complete the entire term of
the suspension or |
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| 1 | | expulsion in an alternative school program under Article 13A of | 2 | | this Code or an alternative learning opportunities program | 3 | | under Article 13B of this Code before being admitted into the | 4 | | school
district if there is no threat to the safety of students | 5 | | or staff in the alternative program.
| 6 | | (h) School officials shall not advise or encourage students | 7 | | to drop out voluntarily due to behavioral or academic | 8 | | difficulties. | 9 | | (i) A student may not be issued a monetary fine or fee as a | 10 | | disciplinary consequence, though this shall not preclude | 11 | | requiring a student to provide restitution for lost, stolen, or | 12 | | damaged property. | 13 | | (j) Subsections (a) through (i) of this Section shall apply | 14 | | to elementary and secondary schools, charter schools, special | 15 | | charter districts, and school districts organized under | 16 | | Article 34 of this Code. | 17 | | (k) The expulsion of children enrolled in programs funded | 18 | | under Section 1C-2 of this Code is subject to the requirements | 19 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this | 20 | | Code. | 21 | | (Source: P.A. 99-456, eff. 9-15-16 .)
| 22 | | Section 10. The Child Care Act of 1969 is amended by adding | 23 | | Section 5.10 as follows: | 24 | | (225 ILCS 10/5.10 new) |
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| 1 | | Sec. 5.10. Child care limitation on expulsions. Consistent | 2 | | with the purposes of this amendatory Act of the 100th General | 3 | | Assembly and the requirements therein under paragraph (7) of | 4 | | subsection (a) of Section 2-3.71 of the School Code, the | 5 | | Department, in consultation with the Governor's Office of Early | 6 | | Childhood Development and the State Board of Education, shall | 7 | | adopt rules prohibiting the use of expulsion due to a child's | 8 | | persistent and serious challenging behaviors in licensed day | 9 | | care centers, day care homes, and group day care homes. The | 10 | | rulemaking shall address, at a minimum, requirements for | 11 | | licensees to establish intervention and transition policies, | 12 | | notify parents of policies, document intervention steps, and | 13 | | collect and report data on children transitioning out of the | 14 | | program.
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