Full Text of SB2347 100th General Assembly
SB2347sam001 100TH GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 4/13/2018
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| 1 | | AMENDMENT TO SENATE BILL 2347
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2347 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 10-20.14 and 10-22.6 as follows:
| 6 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14)
| 7 | | Sec. 10-20.14. Student discipline policies; parent-teacher | 8 | | advisory
committee. | 9 | | (a) To establish and maintain
a parent-teacher advisory | 10 | | committee to develop with the school board or governing body of | 11 | | a charter school
policy guidelines on pupil discipline, | 12 | | including school searches and bullying prevention as set forth | 13 | | in Section 27-23.7 of this Code. School authorities shall
| 14 | | furnish a copy of the
policy to the parents or guardian of each | 15 | | pupil within 15 days after
the beginning of the school year, or | 16 | | within 15 days after starting classes
for a pupil who transfers |
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| 1 | | into the district during the school year, and the school board | 2 | | or governing body of a charter school shall
require that a | 3 | | school inform its pupils of the contents of the policy.
School | 4 | | boards and the governing bodies of charter schools, along with | 5 | | the parent-teacher advisory committee, must annually review | 6 | | their pupil discipline policies, the
implementation of those | 7 | | policies, and any other factors related to the safety
of their
| 8 | | schools, pupils, and staff.
| 9 | | (a-5) On or before September 15, 2016, each elementary and | 10 | | secondary school and charter school shall, at a minimum, adopt | 11 | | pupil discipline policies that must include thorough training | 12 | | on the requirements in Public Act 99-456 and any other | 13 | | corresponding school discipline protocols. The discipline | 14 | | policies must that fulfill the requirements set forth in this | 15 | | Section, subsections (a) and (b) of Section 10-22.6 of this | 16 | | Code, Section 34-19 of this Code if applicable, and federal and | 17 | | State laws that provide special requirements for the discipline | 18 | | of students with disabilities. | 19 | | (b) The parent-teacher advisory
committee in cooperation | 20 | | with local law enforcement agencies shall develop,
with the | 21 | | school board, policy guideline procedures to
establish
and | 22 | | maintain a reciprocal reporting system between the school | 23 | | district and
local law enforcement agencies regarding criminal | 24 | | offenses committed by
students. School districts are | 25 | | encouraged to create memoranda of understanding with local law | 26 | | enforcement agencies that clearly define law enforcement's |
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| 1 | | role in schools, in accordance with Section 10-22.6 of this | 2 | | Code.
| 3 | | (c) The parent-teacher advisory committee, in cooperation | 4 | | with school bus
personnel, shall develop, with the school | 5 | | board, policy guideline procedures to
establish and maintain | 6 | | school bus safety procedures. These procedures shall be
| 7 | | incorporated into the district's pupil discipline policy.
| 8 | | (d) The school board, in consultation with the | 9 | | parent-teacher
advisory committee and other community-based | 10 | | organizations, must include
provisions in the student | 11 | | discipline
policy to address students who have demonstrated | 12 | | behaviors that put them at
risk for aggressive behavior, | 13 | | including without limitation bullying, as
defined in the | 14 | | policy. These provisions must include
procedures for notifying | 15 | | parents or legal guardians and
early intervention procedures
| 16 | | based upon available community-based and district resources.
| 17 | | (Source: P.A. 99-456, eff. 9-15-16 .)
| 18 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 19 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 20 | | searches.
| 21 | | (a) To expel pupils guilty of gross disobedience or | 22 | | misconduct, including gross disobedience or misconduct | 23 | | perpetuated by electronic means, pursuant to subsection (b-20) | 24 | | of this Section, and
no action shall lie against them for such | 25 | | expulsion. Expulsion shall
take place only after the parents |
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| 1 | | have been requested to appear at a
meeting of the board, or | 2 | | with a hearing officer appointed by it, to
discuss their | 3 | | child's behavior. Such request shall be made by registered
or | 4 | | certified mail and shall state the time, place and purpose of | 5 | | the
meeting. The board, or a hearing officer appointed by it, | 6 | | at such
meeting shall state the reasons for dismissal and the | 7 | | date on which the
expulsion is to become effective. If a | 8 | | hearing officer is appointed by
the board , he shall report to | 9 | | the board a written summary of the evidence
heard at the | 10 | | meeting and the board may take such action thereon as it
finds | 11 | | appropriate. If the board acts to expel a pupil, the written | 12 | | expulsion decision shall detail the specific reasons why | 13 | | removing the pupil from the learning environment is in the best | 14 | | interest of the school. The expulsion decision shall also | 15 | | include a rationale as to the specific duration of the | 16 | | expulsion. An expelled pupil may be immediately transferred to | 17 | | an alternative program in the manner provided in Article 13A or | 18 | | 13B of this Code. A pupil must not be denied transfer because | 19 | | of the expulsion, except in cases in which such transfer is | 20 | | deemed to cause a threat to the safety of students or staff in | 21 | | the alternative program.
| 22 | | (b) To suspend or by policy to authorize the superintendent | 23 | | of
the district or the principal, assistant principal, or dean | 24 | | of students
of any school to suspend pupils guilty of gross | 25 | | disobedience or misconduct, or
to suspend pupils guilty of | 26 | | gross disobedience or misconduct on the school bus
from riding |
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| 1 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 2 | | this Section, and no action
shall lie against them for such | 3 | | suspension. The board may by policy
authorize the | 4 | | superintendent of the district or the principal, assistant
| 5 | | principal, or dean of students of any
school to suspend pupils | 6 | | guilty of such acts for a period not to exceed
10 school days. | 7 | | If a pupil is suspended due to gross disobedience or misconduct
| 8 | | on a school bus, the board may suspend the pupil in excess of | 9 | | 10
school
days for safety reasons. | 10 | | Any suspension shall be reported immediately to the
parents | 11 | | or guardian of a pupil along with a full statement of the
| 12 | | reasons for such suspension and a notice of their right to a | 13 | | review. The school board must be given a summary of the notice, | 14 | | including the reason for the suspension and the suspension | 15 | | length. Upon request of the
parents or guardian , the school | 16 | | board or a hearing officer appointed by
it shall review such | 17 | | action of the superintendent or principal, assistant
| 18 | | principal, or dean of students. At such
review , the parents or | 19 | | guardian of the pupil may appear and discuss the
suspension | 20 | | with the board or its hearing officer. If a hearing officer
is | 21 | | appointed by the board , he shall report to the board a written | 22 | | summary
of the evidence heard at the meeting. After its hearing | 23 | | or upon receipt
of the written report of its hearing officer, | 24 | | the board may take such
action as it finds appropriate. If a | 25 | | student is suspended pursuant to this subsection (b), the board | 26 | | shall, in the written suspension decision, detail the specific |
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| 1 | | act of gross disobedience or misconduct resulting in the | 2 | | decision to suspend. The suspension decision shall also include | 3 | | a rationale as to the specific duration of the suspension. A | 4 | | pupil who is suspended in excess of 20 school days may be | 5 | | immediately transferred to an alternative program in the manner | 6 | | provided in Article 13A or 13B of this Code. A pupil must not | 7 | | be denied transfer because of the suspension, except in cases | 8 | | in which such transfer is deemed to cause a threat to the | 9 | | safety of students or staff in the alternative program.
| 10 | | (b-5) Among the many possible disciplinary interventions | 11 | | and consequences available to school officials, school | 12 | | exclusions, such as out-of-school suspensions and expulsions, | 13 | | are the most serious. School officials shall limit the number | 14 | | and duration of expulsions and suspensions to the greatest | 15 | | extent practicable, and it is recommended that they use them | 16 | | only for legitimate educational purposes. To ensure that | 17 | | students are not excluded from school unnecessarily, it is | 18 | | recommended that school officials consider forms of | 19 | | non-exclusionary discipline prior to using out-of-school | 20 | | suspensions or expulsions. | 21 | | (b-10) Unless otherwise required by federal law or this | 22 | | Code, school boards may not institute zero-tolerance policies | 23 | | by which school administrators are required to suspend or expel | 24 | | students for particular behaviors. A school board shall | 25 | | implement disciplinary protocols that are based on restorative | 26 | | justice and trauma-informed practices. |
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| 1 | | (b-15) Out-of-school suspensions of 3 days or less may be | 2 | | used only if the student's continuing presence in school would | 3 | | pose a threat to school safety or a disruption to other | 4 | | students' learning opportunities. For purposes of this | 5 | | subsection (b-15), "threat to school safety or a disruption to | 6 | | other students' learning opportunities" shall be determined on | 7 | | a case-by-case basis by the school board or its designee. | 8 | | School officials shall make all reasonable efforts to resolve | 9 | | such threats, address such disruptions, and minimize the length | 10 | | of suspensions to the greatest extent practicable. | 11 | | (b-20) Unless otherwise required by this Code, | 12 | | out-of-school suspensions of longer than 3 days, expulsions, | 13 | | and disciplinary removals to alternative schools may be used | 14 | | only if other appropriate and available behavioral and | 15 | | disciplinary interventions based on restorative justice and | 16 | | trauma-informed practices have been exhausted and the | 17 | | student's continuing presence in school would either (i) pose a
| 18 | | threat to the safety of other students, staff, or members of
| 19 | | the school community or (ii) substantially disrupt, impede, or
| 20 | | interfere with the operation of the school. For purposes of | 21 | | this subsection (b-20), "threat to the safety of other | 22 | | students, staff, or members of the school community" and | 23 | | "substantially disrupt, impede, or interfere with the | 24 | | operation of the school" shall be determined on a case-by-case | 25 | | basis by school officials. For purposes of this subsection | 26 | | (b-20), the determination of whether "appropriate and |
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| 1 | | available behavioral and disciplinary interventions have been | 2 | | exhausted" shall be made by school officials. School officials | 3 | | shall make all reasonable efforts to resolve such threats, | 4 | | address such disruptions, and minimize the length of student | 5 | | exclusions to the greatest extent practicable. Within the | 6 | | suspension decision described in subsection (b) of this Section | 7 | | or the expulsion decision described in subsection (a) of this | 8 | | Section, it shall be documented whether other interventions | 9 | | were attempted or whether it was determined that there were no | 10 | | other appropriate and available interventions. | 11 | | (b-25) Students who are suspended out-of-school for longer | 12 | | than 4 school days shall be provided appropriate and available | 13 | | support services during the period of their suspension. For | 14 | | purposes of this subsection (b-25), "appropriate and available | 15 | | support services" shall be determined by school authorities. | 16 | | Within the suspension decision described in subsection (b) of | 17 | | this Section, it shall be documented whether such services are | 18 | | to be provided or whether it was determined that there are no | 19 | | such appropriate and available services. | 20 | | A school district may refer students who are expelled to | 21 | | appropriate and available support services. | 22 | | A school district shall create a policy that must include | 23 | | thorough training on the requirements in Public Act 99-456 and | 24 | | any other corresponding school discipline protocols to | 25 | | facilitate the re-engagement of students who are suspended | 26 | | out-of-school, expelled, or returning from an alternative |
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| 1 | | 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 with accountability | 16 | | and consistency to teachers, administrators, school board | 17 | | members, school resource officers, and staff on the adverse | 18 | | consequences of school exclusion and justice-system | 19 | | involvement, effective classroom management strategies, | 20 | | culturally responsive discipline, restorative justice | 21 | | practices, and developmentally appropriate disciplinary | 22 | | methods that promote positive and healthy school climates. | 23 | | (d) The board may expel a student for a definite period of | 24 | | time not to
exceed 2 calendar years, as determined on a | 25 | | case-by-case case by case basis.
A student who
is determined to | 26 | | have brought one of the following objects to school, any |
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| 1 | | school-sponsored activity
or event, or any activity or event | 2 | | that bears a reasonable relationship to school shall be | 3 | | expelled for a period of not less than
one year: | 4 | | (1) A firearm. For the purposes of this Section, | 5 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 6 | | by Section 921 of Title 18 of the United States Code, | 7 | | firearm as defined in Section 1.1 of the Firearm Owners | 8 | | Identification Card Act, or firearm as defined in Section | 9 | | 24-1 of the Criminal Code of 2012. The expulsion period | 10 | | under this subdivision (1) may be modified by the | 11 | | superintendent, and the superintendent's determination may | 12 | | be modified by the board on a case-by-case basis. | 13 | | (2) A knife, brass knuckles or other knuckle weapon | 14 | | regardless of its composition, a billy club, or any other | 15 | | object if used or attempted to be used to cause bodily | 16 | | harm, including "look alikes" of any firearm as defined in | 17 | | subdivision (1) of this subsection (d). The expulsion | 18 | | requirement under this subdivision (2) may be modified by | 19 | | the superintendent, and the superintendent's determination | 20 | | may be modified by the board on a case-by-case basis. | 21 | | Expulsion
or suspension
shall be construed in a
manner | 22 | | consistent with the Federal Individuals with Disabilities | 23 | | Education
Act. A student who is subject to suspension or | 24 | | expulsion as provided in this
Section may be eligible for a | 25 | | transfer to an alternative school program in
accordance with | 26 | | Article 13A of the School Code.
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| 1 | | (d-5) The board may suspend or by regulation
authorize the | 2 | | superintendent of the district or the principal, assistant
| 3 | | principal, or dean of students of any
school to suspend a | 4 | | student for a period not to exceed
10 school days or may expel | 5 | | a student for a definite period of time not to
exceed 2 | 6 | | calendar years, as determined on a case-by-case case by case | 7 | | basis, if (i) that student has been determined to have made an | 8 | | explicit threat on an Internet website against a school | 9 | | employee, a student, or any school-related personnel, (ii) the | 10 | | Internet website through which the threat was made is a site | 11 | | that was accessible within the school at the time the threat | 12 | | was made or was available to third parties who worked or | 13 | | studied within the school grounds at the time the threat was | 14 | | made, and (iii) the threat could be reasonably interpreted as | 15 | | threatening to the safety and security of the threatened | 16 | | individual because of his or her duties or employment status or | 17 | | status as a student inside the school.
| 18 | | (e) To maintain order and security in the schools, school | 19 | | authorities may
inspect and search places and areas such as | 20 | | lockers, desks, parking lots, and
other school property and | 21 | | equipment owned or controlled by the school, as well
as | 22 | | personal effects left in those places and areas by students, | 23 | | without notice
to or the consent of the student, and without a | 24 | | search warrant. As a matter of
public policy, the General | 25 | | Assembly finds that students have no reasonable
expectation of | 26 | | privacy in these places and areas or in their personal effects
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| 1 | | left in these places and areas. School authorities may request | 2 | | the assistance
of law enforcement officials for the purpose of | 3 | | conducting inspections and
searches of lockers, desks, parking | 4 | | lots, and other school property and
equipment owned or | 5 | | controlled by the school for illegal drugs, weapons, or
other
| 6 | | illegal or dangerous substances or materials, including | 7 | | searches conducted
through the use of specially trained dogs. | 8 | | If a search conducted in accordance
with this Section produces | 9 | | evidence that the student has violated or is
violating either | 10 | | the law, local ordinance, or the school's policies or rules,
| 11 | | such evidence may be seized by school authorities, and | 12 | | disciplinary action may
be taken. School authorities may also | 13 | | turn over such evidence to law
enforcement authorities.
| 14 | | (f) Suspension or expulsion may include suspension or | 15 | | expulsion from
school and all school activities and a | 16 | | prohibition from being present on school
grounds.
| 17 | | (g) A school district may adopt a policy providing that if | 18 | | a student
is suspended or expelled for any reason from any | 19 | | public or private school
in this or any other state, the | 20 | | student must complete the entire term of
the suspension or | 21 | | expulsion in an alternative school program under Article 13A of | 22 | | this Code or an alternative learning opportunities program | 23 | | under Article 13B of this Code before being admitted into the | 24 | | school
district if there is no threat to the safety of students | 25 | | or staff in the alternative program.
| 26 | | (h) School officials shall not advise or encourage students |
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| 1 | | to drop out voluntarily due to behavioral or academic | 2 | | difficulties. | 3 | | (i) A student may not be issued a monetary fine or fee as a | 4 | | disciplinary consequence, though this shall not preclude | 5 | | requiring a student to provide restitution for lost, stolen, or | 6 | | damaged property. | 7 | | (j) Subsections (a) through (i) of this Section shall apply | 8 | | to elementary and secondary schools, charter schools, special | 9 | | charter districts, and school districts organized under | 10 | | Article 34 of this Code. | 11 | | (k) The expulsion of children enrolled in programs funded | 12 | | under Section 1C-2 of this Code is subject to the requirements | 13 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this | 14 | | Code. | 15 | | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | 16 | | revised 1-22-18.)".
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