Illinois General Assembly - Full Text of SB2088
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Full Text of SB2088  102nd General Assembly

SB2088 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2088

 

Introduced 2/26/2021, by Sen. Christopher Belt

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/2-3.13a  from Ch. 122, par. 2-3.13a
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6

    Amends the School Code. Provides that a school district may adopt a policy providing that if a student is suspended or expelled for any reason from any public or private school in this or any other state, the student must complete the entire term of the suspension or expulsion before being allowed to attend the school district in person (rather than before being admitted into the school district). Provides that this policy must require the provision of an educational continuity plan for suspended or expelled students; sets forth requirements for the plan. Makes changes concerning the State Board of Education's standard form that Illinois school districts are required to provide to any student who is moving out of the school district. Makes other changes concerning the transfer of a student and the suspension or expulsion of a student.


LRB102 13566 CMG 18914 b

FISCAL NOTE ACT MAY APPLY
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT

 

 

A BILL FOR

 

SB2088LRB102 13566 CMG 18914 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
52-3.13a and 10-22.6 as follows:
 
6    (105 ILCS 5/2-3.13a)  (from Ch. 122, par. 2-3.13a)
7    Sec. 2-3.13a. School records; transferring students.
8    (a) The State Board of Education shall establish and
9implement rules requiring all of the public schools and all
10private or nonpublic elementary and secondary schools located
11in this State, whenever any such school has a student who is
12transferring to any other public elementary or secondary
13school located in this or in any other state, to forward within
1410 days of notice of the student's transfer an unofficial
15record of that student's grades to the school to which such
16student is transferring. Each public school at the same time
17also shall forward to the school to which the student is
18transferring the remainder of the student's school student
19records as required by the Illinois School Student Records
20Act. In addition, if a student is transferring from a public
21school, whether located in this or any other state, from which
22the student has been suspended or expelled for knowingly
23possessing in a school building or on school grounds a weapon

 

 

SB2088- 2 -LRB102 13566 CMG 18914 b

1as defined in the Gun Free Schools Act (20 U.S.C. 8921 et
2seq.), for knowingly possessing, selling, or delivering in a
3school building or on school grounds a controlled substance or
4cannabis, or for battering a staff member of the school, and if
5the period of suspension or expulsion has not expired at the
6time the student attempts to transfer into another public
7school in the same or any other school district: (i) any school
8student records required to be transferred shall include the
9date and duration of the period of suspension or expulsion;
10and (ii) with the exception of transfers into the Department
11of Juvenile Justice school district, the student shall not be
12permitted to attend class in the public school into which he or
13she is transferring until the student has served the entire
14period of the suspension or expulsion imposed by the school
15from which the student is transferring, provided that the
16school board may approve the placement of the student in an
17alternative school program established under Article 13A of
18this Code. A school district may adopt a policy providing that
19if a student is suspended or expelled for any reason from any
20public or private school in this or any other state, the
21student must complete the entire term of the suspension or
22expulsion before being allowed to attend admitted into the
23school district in person. This policy must require the
24provision of an educational continuity plan for suspended or
25expelled students pursuant to subsection (b-25) or (d-10) of
26Section 10-22.6 of this Code, and this This policy may allow

 

 

SB2088- 3 -LRB102 13566 CMG 18914 b

1placement of the student in an alternative school program
2established under Article 13A of this Code, if available, for
3the remainder of the suspension or expulsion. Each public
4school and each private or nonpublic elementary or secondary
5school in this State shall within 10 days after the student has
6paid all of his or her outstanding fines and fees and at its
7own expense forward an official transcript of the scholastic
8records of each student transferring from that school in
9strict accordance with the provisions of this Section and the
10rules established by the State Board of Education as herein
11provided.
12    (b) The State Board of Education shall develop a one-page
13standard form that Illinois school districts are required to
14provide to any student who is moving out of the school district
15and that contains the information about whether or not the
16student is "in good standing" and whether or not his or her
17medical records are up-to-date and complete. As used in this
18Section, "in good standing" means that the student is not
19being disciplined by a suspension or expulsion, but is
20entitled to attend classes in person. The form shall note if
21the student has been suspended or expelled and has been
22provided with an educational continuity plan pursuant to
23subsection (b-25) or (d-10) of Section 10-22.6 of this Code.
24The school district to which a suspended or expelled student
25is transferring shall request a copy of the educational
26continuity plan from the school district from which the

 

 

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1student is transferring and shall modify, amend, or otherwise
2change the educational continuity plan to meet the needs of
3the student, provided that the educational continuity plan
4must meet the requirements of subsection (b-25) or (d-10) of
5Section 10-22.6 of this Code. No school district is required
6to admit a new student who is transferring from another
7Illinois school district unless he or she can produce the
8standard form from the student's previous school district
9enrollment. The parent or guardian of a No school district is
10required to admit a new student who is transferring from an
11out-of-state public school to an Illinois public school shall
12certify in writing whether the student is unless the parent or
13guardian of the student certifies in writing that the student
14is not currently serving a suspension or expulsion imposed by
15the school from which the student is transferring. The school
16district to which a student who has been suspended or expelled
17from an out-of-state public school is transferring shall
18create an educational continuity plan pursuant to subsection
19(b-25) or (d-10) of Section 10-22.6 of this Code for the
20duration of the suspension or expulsion.
21    (c) The State Board of Education shall, by rule, establish
22a system to provide for the accurate tracking of transfer
23students. This system shall, at a minimum, require that a
24student be counted as a dropout in the calculation of a
25school's or school district's annual student dropout rate
26unless the school or school district to which the student

 

 

SB2088- 5 -LRB102 13566 CMG 18914 b

1transferred (known hereafter in this subsection (c) as the
2transferee school or school district) sends notification to
3the school or school district from which the student
4transferred (known hereafter in this subsection (c) as the
5transferor school or school district) documenting that the
6student has enrolled in the transferee school or school
7district. This notification must occur on or before July 31
8following the school year during which the student withdraws
9from the transferor school or school district or the student
10shall be counted in the calculation of the transferor school's
11or school district's annual student dropout rate. A request by
12the transferee school or school district to the transferor
13school or school district seeking the student's academic
14transcripts or medical records shall be considered without
15limitation adequate documentation of enrollment. Each
16transferor school or school district shall keep documentation
17of such transfer students for the minimum period provided in
18the Illinois School Student Records Act. All records
19indicating the school or school district to which a student
20transferred are subject to the Illinois School Student Records
21Act.
22(Source: P.A. 96-1423, eff. 8-3-10.)
 
23    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
24    Sec. 10-22.6. Suspension or expulsion of pupils; school
25searches.

 

 

SB2088- 6 -LRB102 13566 CMG 18914 b

1    (a) To expel pupils guilty of gross disobedience or
2misconduct, including gross disobedience or misconduct
3perpetuated by electronic means, pursuant to subsection (b-20)
4of this Section, and no action shall lie against them for such
5expulsion. Expulsion shall take place only after the parents
6have been requested to appear at a meeting of the board, or
7with a hearing officer appointed by it, to discuss their
8child's behavior. Such request shall be made by registered or
9certified mail and shall state the time, place and purpose of
10the meeting. The board, or a hearing officer appointed by it,
11at such meeting shall state the reasons for dismissal and the
12date on which the expulsion is to become effective. If a
13hearing officer is appointed by the board, he shall report to
14the board a written summary of the evidence heard at the
15meeting and the board may take such action thereon as it finds
16appropriate. If the board acts to expel a pupil, the written
17expulsion decision shall detail the specific reasons why
18removing the pupil from the learning environment is in the
19best interest of the school. The expulsion decision shall also
20include a rationale as to the specific duration of the
21expulsion. An expelled pupil may be immediately transferred to
22an alternative program in the manner provided in Article 13A
23or 13B of this Code. A pupil must not be denied transfer
24because of the expulsion, except in cases in which such
25transfer is deemed to cause a threat to the safety of students
26or staff in the alternative program.

 

 

SB2088- 7 -LRB102 13566 CMG 18914 b

1    (b) To suspend or by policy to authorize the
2superintendent of the district or the principal, assistant
3principal, or dean of students of any school to suspend pupils
4guilty of gross disobedience or misconduct, or to suspend
5pupils guilty of gross disobedience or misconduct on the
6school bus from riding the school bus, pursuant to subsections
7(b-15) and (b-20) of this Section, and no action shall lie
8against them for such suspension. The board may by policy
9authorize the superintendent of the district or the principal,
10assistant principal, or dean of students of any school to
11suspend pupils guilty of such acts for a period not to exceed
1210 school days. If a pupil is suspended due to gross
13disobedience or misconduct on a school bus, the board may
14suspend the pupil in excess of 10 school days for safety
15reasons.
16    Any suspension shall be reported immediately to the
17parents or guardian of a pupil along with a full statement of
18the reasons for such suspension and a notice of their right to
19a review. The school board must be given a summary of the
20notice, including the reason for the suspension and the
21suspension length. Upon request of the parents or guardian,
22the school board or a hearing officer appointed by it shall
23review such action of the superintendent or principal,
24assistant principal, or dean of students. At such review, the
25parents or guardian of the pupil may appear and discuss the
26suspension with the board or its hearing officer. If a hearing

 

 

SB2088- 8 -LRB102 13566 CMG 18914 b

1officer is appointed by the board, he shall report to the board
2a written summary of the evidence heard at the meeting. After
3its hearing or upon receipt of the written report of its
4hearing officer, the board may take such action as it finds
5appropriate. If a student is suspended pursuant to this
6subsection (b), the board shall, in the written suspension
7decision, detail the specific act of gross disobedience or
8misconduct resulting in the decision to suspend. The
9suspension decision shall also include a rationale as to the
10specific duration of the suspension. A pupil who is suspended
11in excess of 20 school days may be immediately transferred to
12an alternative program in the manner provided in Article 13A
13or 13B of this Code. A pupil must not be denied transfer
14because of the suspension, except in cases in which such
15transfer is deemed to cause a threat to the safety of students
16or staff in the alternative program.
17    (b-5) Among the many possible disciplinary interventions
18and consequences available to school officials, school
19exclusions, such as out-of-school suspensions and expulsions,
20are the most serious. School officials shall limit the number
21and duration of expulsions and suspensions to the greatest
22extent practicable, and it is recommended that they use them
23only for legitimate educational purposes. To ensure that
24students are not excluded from school unnecessarily, it is
25recommended that school officials consider forms of
26non-exclusionary discipline prior to using out-of-school

 

 

SB2088- 9 -LRB102 13566 CMG 18914 b

1suspensions or expulsions.
2    (b-10) Unless otherwise required by federal law or this
3Code, school boards may not institute zero-tolerance policies
4by which school administrators are required to suspend or
5expel students for particular behaviors.
6    (b-15) Out-of-school suspensions of 3 days or less may be
7used only if the student's continuing physical presence in
8school would pose a threat to school safety or a disruption to
9other students' learning opportunities. For purposes of this
10subsection (b-15), "threat to school safety or a disruption to
11other students' learning opportunities" shall be determined on
12a case-by-case basis by the school board or its designee.
13School officials shall make all reasonable efforts to resolve
14such threats, address such disruptions, and minimize the
15length of suspensions to the greatest extent practicable.
16    (b-20) Unless otherwise required by this Code,
17out-of-school suspensions of longer than 3 days, expulsions,
18and disciplinary removals to alternative schools may be used
19only if other appropriate and available behavioral and
20disciplinary interventions have been exhausted and the
21student's continuing presence in school would either (i) pose
22a threat to the safety of other students, staff, or members of
23the school community or (ii) substantially disrupt, impede, or
24interfere with the operation of the school. For purposes of
25this subsection (b-20), "threat to the safety of other
26students, staff, or members of the school community" and

 

 

SB2088- 10 -LRB102 13566 CMG 18914 b

1"substantially disrupt, impede, or interfere with the
2operation of the school" shall be determined on a case-by-case
3basis by school officials. For purposes of this subsection
4(b-20), the determination of whether "appropriate and
5available behavioral and disciplinary interventions have been
6exhausted" shall be made by school officials. School officials
7shall make all reasonable efforts to resolve such threats,
8address such disruptions, and minimize the length of student
9exclusions to the greatest extent practicable. Within the
10suspension decision described in subsection (b) of this
11Section or the expulsion decision described in subsection (a)
12of this Section, it shall be documented whether other
13interventions were attempted or whether it was determined that
14there were no other appropriate and available interventions.
15    (b-25) Unless a suspended student is immediately
16transferred to an alternative program in the manner provided
17in Article 13A or 13B of this Code, the school district that
18suspended the student shall create and implement an
19educational continuity plan for the student. An educational
20continuity plan must provide the student with (i) a minimum of
215 hours of instruction on each day of suspension, with a
22minimum of 2.5 hours being synchronous with a teacher licensed
23under Article 21B of this Code, (ii) access to support
24services provided either by the school district or an outside
25entity, and (iii) access to school meals as required under the
26School Breakfast and Lunch Program Act, provided that the

 

 

SB2088- 11 -LRB102 13566 CMG 18914 b

1school district is not required to provide transportation for
2this purpose. A suspended student who is provided instruction
3in conformance with this subsection (b-25) shall be counted as
4in attendance for such days. Students who are suspended
5out-of-school for longer than 4 school days shall be provided
6appropriate and available support services during the period
7of their suspension. For purposes of this subsection (b-25),
8"appropriate and available support services" shall be
9determined by school authorities. Within the suspension
10decision described in subsection (b) of this Section, it shall
11be documented whether such services are to be provided or
12whether it was determined that there are no such appropriate
13and available services.
14    A school district may refer students who are expelled to
15appropriate and available support services.
16    A school district shall create a policy to facilitate the
17re-engagement of students who are suspended out-of-school,
18expelled, or returning from an alternative school setting.
19    (b-30) A school district shall create a policy by which
20suspended pupils, including those pupils suspended from the
21school bus who do not have alternate transportation to school,
22shall have the opportunity to make up work for equivalent
23academic credit, which policy shall meet the requirements of
24subsection (b-25) of this Section. It shall be the
25responsibility of a pupil's parent or guardian to notify
26school officials that a pupil suspended from the school bus

 

 

SB2088- 12 -LRB102 13566 CMG 18914 b

1does not have alternate transportation to school.
2    (c) The Department of Human Services shall be invited to
3send a representative to consult with the board at such
4meeting whenever there is evidence that mental illness may be
5the cause for expulsion or suspension.
6    (c-5) School districts shall make reasonable efforts to
7provide ongoing professional development to teachers,
8administrators, school board members, school resource
9officers, and staff on the adverse consequences of school
10exclusion and justice-system involvement, effective classroom
11management strategies, culturally responsive discipline, the
12appropriate and available supportive services for the
13promotion of student attendance and engagement, and
14developmentally appropriate disciplinary methods that promote
15positive and healthy school climates.
16    (d) The board may expel a student for a definite period of
17time not to exceed 2 calendar years, as determined on a
18case-by-case basis. A student who is determined to have
19brought one of the following objects to school, any
20school-sponsored activity or event, or any activity or event
21that bears a reasonable relationship to school shall be
22expelled for a period of not less than one year:
23        (1) A firearm. For the purposes of this Section,
24    "firearm" means any gun, rifle, shotgun, weapon as defined
25    by Section 921 of Title 18 of the United States Code,
26    firearm as defined in Section 1.1 of the Firearm Owners

 

 

SB2088- 13 -LRB102 13566 CMG 18914 b

1    Identification Card Act, or firearm as defined in Section
2    24-1 of the Criminal Code of 2012. The expulsion period
3    under this subdivision (1) may be modified by the
4    superintendent, and the superintendent's determination may
5    be modified by the board on a case-by-case basis.
6        (2) A knife, brass knuckles or other knuckle weapon
7    regardless of its composition, a billy club, or any other
8    object if used or attempted to be used to cause bodily
9    harm, including "look alikes" of any firearm as defined in
10    subdivision (1) of this subsection (d). The expulsion
11    requirement under this subdivision (2) may be modified by
12    the superintendent, and the superintendent's determination
13    may be modified by the board on a case-by-case basis.
14Expulsion or suspension shall be construed in a manner
15consistent with the federal Individuals with Disabilities
16Education Act. A student who is subject to suspension or
17expulsion as provided in this Section may be eligible for a
18transfer to an alternative school program in accordance with
19Article 13A of the School Code.
20    (d-5) The board may suspend or by regulation authorize the
21superintendent of the district or the principal, assistant
22principal, or dean of students of any school to suspend a
23student for a period not to exceed 10 school days or may expel
24a student for a definite period of time not to exceed 2
25calendar years, as determined on a case-by-case basis, if (i)
26that student has been determined to have made an explicit

 

 

SB2088- 14 -LRB102 13566 CMG 18914 b

1threat on an Internet website against a school employee, a
2student, or any school-related personnel, (ii) the Internet
3website through which the threat was made is a site that was
4accessible within the school at the time the threat was made or
5was available to third parties who worked or studied within
6the school grounds at the time the threat was made, and (iii)
7the threat could be reasonably interpreted as threatening to
8the safety and security of the threatened individual because
9of his or her duties or employment status or status as a
10student inside the school.
11    (d-10) Unless an expelled student is immediately
12transferred to an alternative program in the manner provided
13in Article 13A or 13B of this Code, the school district that
14expelled the student shall create and implement an educational
15continuity plan for the student. An educational continuity
16plan must provide the student with (i) a minimum of 5 hours of
17instruction on each day of expulsion, with a minimum of 2.5
18hours being synchronous with a teacher licensed under Article
1921B of this Code, (ii) access to support services provided
20either by the school district or an outside entity, and (iii)
21access to school meals as required under the School Breakfast
22and Lunch Program Act, provided that the school district is
23not required to provide transportation for this purpose. An
24expelled student provided instruction in conformance with this
25subsection (d-10) shall be counted as in attendance for such
26days and shall continue to be enrolled in the school district

 

 

SB2088- 15 -LRB102 13566 CMG 18914 b

1during the term of expulsion.
2    (e) To maintain order and security in the schools, school
3authorities may inspect and search places and areas such as
4lockers, desks, parking lots, and other school property and
5equipment owned or controlled by the school, as well as
6personal effects left in those places and areas by students,
7without notice to or the consent of the student, and without a
8search warrant. As a matter of public policy, the General
9Assembly finds that students have no reasonable expectation of
10privacy in these places and areas or in their personal effects
11left in these places and areas. School authorities may request
12the assistance of law enforcement officials for the purpose of
13conducting inspections and searches of lockers, desks, parking
14lots, and other school property and equipment owned or
15controlled by the school for illegal drugs, weapons, or other
16illegal or dangerous substances or materials, including
17searches conducted through the use of specially trained dogs.
18If a search conducted in accordance with this Section produces
19evidence that the student has violated or is violating either
20the law, local ordinance, or the school's policies or rules,
21such evidence may be seized by school authorities, and
22disciplinary action may be taken. School authorities may also
23turn over such evidence to law enforcement authorities.
24    (f) Suspension or expulsion may include suspension or
25expulsion from school and all school activities and a
26prohibition from being present on school grounds.

 

 

SB2088- 16 -LRB102 13566 CMG 18914 b

1    (g) A school district may adopt a policy providing that if
2a student is suspended or expelled for any reason from any
3public or private school in this or any other state, the
4student must complete the entire term of the suspension or
5expulsion in an alternative school program under Article 13A
6of this Code or an alternative learning opportunities program
7under Article 13B of this Code before being admitted into the
8school district if there is no threat to the safety of students
9or staff in the alternative program.
10    (h) School officials shall not advise or encourage
11students to drop out voluntarily due to behavioral or academic
12difficulties.
13    (i) A student may not be issued a monetary fine or fee as a
14disciplinary consequence, though this shall not preclude
15requiring a student to provide restitution for lost, stolen,
16or damaged property.
17    (j) Subsections (a) through (i) of this Section shall
18apply to elementary and secondary schools, charter schools,
19special charter districts, and school districts organized
20under Article 34 of this Code.
21    (k) The expulsion of children enrolled in programs funded
22under Section 1C-2 of this Code is subject to the requirements
23under paragraph (7) of subsection (a) of Section 2-3.71 of
24this Code.
25    (l) Beginning with the 2018-2019 school year, an in-school
26suspension program provided by a school district for any

 

 

SB2088- 17 -LRB102 13566 CMG 18914 b

1students in kindergarten through grade 12 may focus on
2promoting non-violent conflict resolution and positive
3interaction with other students and school personnel. A school
4district may employ a school social worker or a licensed
5mental health professional to oversee an in-school suspension
6program in kindergarten through grade 12.
7(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
8100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
97-12-19.)