Illinois General Assembly - Full Text of SB2347
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Full Text of SB2347  100th General Assembly


Sen. Kimberly A. Lightford

Filed: 4/13/2018





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2    AMENDMENT NO. ______. Amend Senate Bill 2347 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by changing Sections
510-20.14 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
8advisory committee.
9    (a) To establish and maintain a parent-teacher advisory
10committee to develop with the school board or governing body of
11a charter school policy guidelines on pupil discipline,
12including school searches and bullying prevention as set forth
13in Section 27-23.7 of this Code. School authorities shall
14furnish a copy of the policy to the parents or guardian of each
15pupil within 15 days after the beginning of the school year, or
16within 15 days after starting classes for a pupil who transfers



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1into the district during the school year, and the school board
2or governing body of a charter school shall require that a
3school inform its pupils of the contents of the policy. School
4boards and the governing bodies of charter schools, along with
5the parent-teacher advisory committee, must annually review
6their pupil discipline policies, the implementation of those
7policies, and any other factors related to the safety of their
8schools, pupils, and staff.
9    (a-5) On or before September 15, 2016, each elementary and
10secondary school and charter school shall, at a minimum, adopt
11pupil discipline policies that must include thorough training
12on the requirements in Public Act 99-456 and any other
13corresponding school discipline protocols. The discipline
14policies must that fulfill the requirements set forth in this
15Section, subsections (a) and (b) of Section 10-22.6 of this
16Code, Section 34-19 of this Code if applicable, and federal and
17State laws that provide special requirements for the discipline
18of students with disabilities.
19    (b) The parent-teacher advisory committee in cooperation
20with local law enforcement agencies shall develop, with the
21school board, policy guideline procedures to establish and
22maintain a reciprocal reporting system between the school
23district and local law enforcement agencies regarding criminal
24offenses committed by students. School districts are
25encouraged to create memoranda of understanding with local law
26enforcement agencies that clearly define law enforcement's



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1role in schools, in accordance with Section 10-22.6 of this
3    (c) The parent-teacher advisory committee, in cooperation
4with school bus personnel, shall develop, with the school
5board, policy guideline procedures to establish and maintain
6school bus safety procedures. These procedures shall be
7incorporated into the district's pupil discipline policy.
8    (d) The school board, in consultation with the
9parent-teacher advisory committee and other community-based
10organizations, must include provisions in the student
11discipline policy to address students who have demonstrated
12behaviors that put them at risk for aggressive behavior,
13including without limitation bullying, as defined in the
14policy. These provisions must include procedures for notifying
15parents or legal guardians and early intervention procedures
16based 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
21    (a) To expel pupils guilty of gross disobedience or
22misconduct, including gross disobedience or misconduct
23perpetuated by electronic means, pursuant to subsection (b-20)
24of this Section, and no action shall lie against them for such
25expulsion. Expulsion shall take place only after the parents



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1have been requested to appear at a meeting of the board, or
2with a hearing officer appointed by it, to discuss their
3child's behavior. Such request shall be made by registered or
4certified mail and shall state the time, place and purpose of
5the meeting. The board, or a hearing officer appointed by it,
6at such meeting shall state the reasons for dismissal and the
7date on which the expulsion is to become effective. If a
8hearing officer is appointed by the board, he shall report to
9the board a written summary of the evidence heard at the
10meeting and the board may take such action thereon as it finds
11appropriate. If the board acts to expel a pupil, the written
12expulsion decision shall detail the specific reasons why
13removing the pupil from the learning environment is in the best
14interest of the school. The expulsion decision shall also
15include a rationale as to the specific duration of the
16expulsion. An expelled pupil may be immediately transferred to
17an alternative program in the manner provided in Article 13A or
1813B of this Code. A pupil must not be denied transfer because
19of the expulsion, except in cases in which such transfer is
20deemed to cause a threat to the safety of students or staff in
21the alternative program.
22    (b) To suspend or by policy to authorize the superintendent
23of the district or the principal, assistant principal, or dean
24of students of any school to suspend pupils guilty of gross
25disobedience or misconduct, or to suspend pupils guilty of
26gross disobedience or misconduct on the school bus from riding



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1the school bus, pursuant to subsections (b-15) and (b-20) of
2this Section, and no action shall lie against them for such
3suspension. The board may by policy authorize the
4superintendent of the district or the principal, assistant
5principal, or dean of students of any school to suspend pupils
6guilty of such acts for a period not to exceed 10 school days.
7If a pupil is suspended due to gross disobedience or misconduct
8on a school bus, the board may suspend the pupil in excess of
910 school days for safety reasons.
10    Any suspension shall be reported immediately to the parents
11or guardian of a pupil along with a full statement of the
12reasons for such suspension and a notice of their right to a
13review. The school board must be given a summary of the notice,
14including the reason for the suspension and the suspension
15length. Upon request of the parents or guardian, the school
16board or a hearing officer appointed by it shall review such
17action of the superintendent or principal, assistant
18principal, or dean of students. At such review, the parents or
19guardian of the pupil may appear and discuss the suspension
20with the board or its hearing officer. If a hearing officer is
21appointed by the board, he shall report to the board a written
22summary of the evidence heard at the meeting. After its hearing
23or upon receipt of the written report of its hearing officer,
24the board may take such action as it finds appropriate. If a
25student is suspended pursuant to this subsection (b), the board
26shall, in the written suspension decision, detail the specific



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1act of gross disobedience or misconduct resulting in the
2decision to suspend. The suspension decision shall also include
3a rationale as to the specific duration of the suspension. A
4pupil who is suspended in excess of 20 school days may be
5immediately transferred to an alternative program in the manner
6provided in Article 13A or 13B of this Code. A pupil must not
7be denied transfer because of the suspension, except in cases
8in which such transfer is deemed to cause a threat to the
9safety of students or staff in the alternative program.
10    (b-5) Among the many possible disciplinary interventions
11and consequences available to school officials, school
12exclusions, such as out-of-school suspensions and expulsions,
13are the most serious. School officials shall limit the number
14and duration of expulsions and suspensions to the greatest
15extent practicable, and it is recommended that they use them
16only for legitimate educational purposes. To ensure that
17students are not excluded from school unnecessarily, it is
18recommended that school officials consider forms of
19non-exclusionary discipline prior to using out-of-school
20suspensions or expulsions.
21    (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or expel
24students for particular behaviors. A school board shall
25implement disciplinary protocols that are based on restorative
26justice and trauma-informed practices.



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1    (b-15) Out-of-school suspensions of 3 days or less may be
2used only if the student's continuing presence in school would
3pose a threat to school safety or a disruption to other
4students' learning opportunities. For purposes of this
5subsection (b-15), "threat to school safety or a disruption to
6other students' learning opportunities" shall be determined on
7a case-by-case basis by the school board or its designee.
8School officials shall make all reasonable efforts to resolve
9such threats, address such disruptions, and minimize the length
10of suspensions to the greatest extent practicable.
11    (b-20) Unless otherwise required by this Code,
12out-of-school suspensions of longer than 3 days, expulsions,
13and disciplinary removals to alternative schools may be used
14only if other appropriate and available behavioral and
15disciplinary interventions based on restorative justice and
16trauma-informed practices have been exhausted and the
17student's continuing presence in school would either (i) pose a
18threat to the safety of other students, staff, or members of
19the school community or (ii) substantially disrupt, impede, or
20interfere with the operation of the school. For purposes of
21this subsection (b-20), "threat to the safety of other
22students, staff, or members of the school community" and
23"substantially disrupt, impede, or interfere with the
24operation of the school" shall be determined on a case-by-case
25basis by school officials. For purposes of this subsection
26(b-20), the determination of whether "appropriate and



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1available behavioral and disciplinary interventions have been
2exhausted" shall be made by school officials. School officials
3shall make all reasonable efforts to resolve such threats,
4address such disruptions, and minimize the length of student
5exclusions to the greatest extent practicable. Within the
6suspension decision described in subsection (b) of this Section
7or the expulsion decision described in subsection (a) of this
8Section, it shall be documented whether other interventions
9were attempted or whether it was determined that there were no
10other appropriate and available interventions.
11    (b-25) Students who are suspended out-of-school for longer
12than 4 school days shall be provided appropriate and available
13support services during the period of their suspension. For
14purposes of this subsection (b-25), "appropriate and available
15support services" shall be determined by school authorities.
16Within the suspension decision described in subsection (b) of
17this Section, it shall be documented whether such services are
18to be provided or whether it was determined that there are no
19such appropriate and available services.
20    A school district may refer students who are expelled to
21appropriate and available support services.
22    A school district shall create a policy that must include
23thorough training on the requirements in Public Act 99-456 and
24any other corresponding school discipline protocols to
25facilitate the re-engagement of students who are suspended
26out-of-school, expelled, or returning from an alternative



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1school setting.
2    (b-30) A school district shall create a policy by which
3suspended pupils, including those pupils suspended from the
4school bus who do not have alternate transportation to school,
5shall have the opportunity to make up work for equivalent
6academic credit. It shall be the responsibility of a pupil's
7parent or guardian to notify school officials that a pupil
8suspended from the school bus does not have alternate
9transportation to school.
10    (c) The Department of Human Services shall be invited to
11send a representative to consult with the board at such meeting
12whenever there is evidence that mental illness may be the cause
13for expulsion or suspension.
14    (c-5) School districts shall make reasonable efforts to
15provide ongoing professional development with accountability
16and consistency to teachers, administrators, school board
17members, school resource officers, and staff on the adverse
18consequences of school exclusion and justice-system
19involvement, effective classroom management strategies,
20culturally responsive discipline, restorative justice
21practices, and developmentally appropriate disciplinary
22methods that promote positive and healthy school climates.
23    (d) The board may expel a student for a definite period of
24time not to exceed 2 calendar years, as determined on a
25case-by-case case by case basis. A student who is determined to
26have brought one of the following objects to school, any



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1school-sponsored activity or event, or any activity or event
2that bears a reasonable relationship to school shall be
3expelled 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.
21Expulsion or suspension shall be construed in a manner
22consistent with the Federal Individuals with Disabilities
23Education Act. A student who is subject to suspension or
24expulsion as provided in this Section may be eligible for a
25transfer to an alternative school program in accordance with
26Article 13A of the School Code.



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1    (d-5) The board may suspend or by regulation authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend a
4student for a period not to exceed 10 school days or may expel
5a student for a definite period of time not to exceed 2
6calendar years, as determined on a case-by-case case by case
7basis, if (i) that student has been determined to have made an
8explicit threat on an Internet website against a school
9employee, a student, or any school-related personnel, (ii) the
10Internet website through which the threat was made is a site
11that was accessible within the school at the time the threat
12was made or was available to third parties who worked or
13studied within the school grounds at the time the threat was
14made, and (iii) the threat could be reasonably interpreted as
15threatening to the safety and security of the threatened
16individual because of his or her duties or employment status or
17status as a student inside the school.
18    (e) To maintain order and security in the schools, school
19authorities may inspect and search places and areas such as
20lockers, desks, parking lots, and other school property and
21equipment owned or controlled by the school, as well as
22personal effects left in those places and areas by students,
23without notice to or the consent of the student, and without a
24search warrant. As a matter of public policy, the General
25Assembly finds that students have no reasonable expectation of
26privacy in these places and areas or in their personal effects



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1left in these places and areas. School authorities may request
2the assistance of law enforcement officials for the purpose of
3conducting inspections and searches of lockers, desks, parking
4lots, and other school property and equipment owned or
5controlled by the school for illegal drugs, weapons, or other
6illegal or dangerous substances or materials, including
7searches conducted through the use of specially trained dogs.
8If a search conducted in accordance with this Section produces
9evidence that the student has violated or is violating either
10the law, local ordinance, or the school's policies or rules,
11such evidence may be seized by school authorities, and
12disciplinary action may be taken. School authorities may also
13turn over such evidence to law enforcement authorities.
14    (f) Suspension or expulsion may include suspension or
15expulsion from school and all school activities and a
16prohibition from being present on school grounds.
17    (g) A school district may adopt a policy providing that if
18a student is suspended or expelled for any reason from any
19public or private school in this or any other state, the
20student must complete the entire term of the suspension or
21expulsion in an alternative school program under Article 13A of
22this Code or an alternative learning opportunities program
23under Article 13B of this Code before being admitted into the
24school district if there is no threat to the safety of students
25or staff in the alternative program.
26    (h) School officials shall not advise or encourage students



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1to drop out voluntarily due to behavioral or academic
3    (i) A student may not be issued a monetary fine or fee as a
4disciplinary consequence, though this shall not preclude
5requiring a student to provide restitution for lost, stolen, or
6damaged property.
7    (j) Subsections (a) through (i) of this Section shall apply
8to elementary and secondary schools, charter schools, special
9charter districts, and school districts organized under
10Article 34 of this Code.
11    (k) The expulsion of children enrolled in programs funded
12under Section 1C-2 of this Code is subject to the requirements
13under paragraph (7) of subsection (a) of Section 2-3.71 of this
15(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
16revised 1-22-18.)".