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

SB2088sam002 102ND GENERAL ASSEMBLY

Sen. Christopher Belt

Filed: 4/27/2021

 

 


 

 


 
10200SB2088sam002LRB102 13566 CMG 25914 a

1
AMENDMENT TO SENATE BILL 2088

2    AMENDMENT NO. ______. Amend Senate Bill 2088 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing
5Sections 2-3.13a 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

 

 

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1also shall forward to the school to which the student is
2transferring the remainder of the student's school student
3records as required by the Illinois School Student Records
4Act. In addition, if a student is transferring from a public
5school, whether located in this or any other state, from which
6the student has been suspended or expelled for knowingly
7possessing in a school building or on school grounds a weapon
8as defined in the Gun Free Schools Act (20 U.S.C. 8921 et
9seq.), for knowingly possessing, selling, or delivering in a
10school building or on school grounds a controlled substance or
11cannabis, or for battering a staff member of the school, and if
12the period of suspension or expulsion has not expired at the
13time the student attempts to transfer into another public
14school in the same or any other school district: (i) any school
15student records required to be transferred shall include the
16date and duration of the period of suspension or expulsion;
17and (ii) with the exception of transfers into the Department
18of Juvenile Justice school district, the student shall not be
19permitted to attend class in the public school into which he or
20she is transferring until the student has served the entire
21period of the suspension or expulsion imposed by the school
22from which the student is transferring, provided that the
23school board may approve the placement of the student in an
24alternative school program established under Article 13A of
25this Code. A school district may adopt a policy providing that
26if a student is suspended or expelled for any reason from any

 

 

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

 

 

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1entitled to attend classes in person. The form shall note if
2the student has been suspended or expelled and has been
3provided with an educational continuity plan pursuant to
4subsection (b-25) or (d-10) of Section 10-22.6 of this Code.
5The school district to which a suspended or expelled student
6is transferring shall request a copy of the educational
7continuity plan from the school district from which the
8student is transferring and shall modify, amend, or otherwise
9change the educational continuity plan to meet the needs of
10the student upon his or her transfer, provided that the
11educational continuity plan must meet the requirements of
12subsection (b-25) or (d-10) of Section 10-22.6 of this Code.
13No school district is required to admit a new student who is
14transferring from another Illinois school district unless he
15or she can produce the standard form from the student's
16previous school district enrollment. The parent or guardian of
17a No school district is required to admit a new student who is
18transferring from an out-of-state public school to an Illinois
19public school shall certify in writing whether the student is
20unless the parent or guardian of the student certifies in
21writing that the student is not currently serving a suspension
22or expulsion imposed by the school from which the student is
23transferring. A school district that is enrolling a student
24who has been suspended or expelled from an out-of-state public
25school shall create an educational continuity plan pursuant to
26subsection (b-25) or (d-10) of Section 10-22.6 of this Code

 

 

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1for the duration of the suspension or expulsion.
2    (c) The State Board of Education shall, by rule, establish
3a system to provide for the accurate tracking of transfer
4students. This system shall, at a minimum, require that a
5student be counted as a dropout in the calculation of a
6school's or school district's annual student dropout rate
7unless the school or school district to which the student
8transferred (known hereafter in this subsection (c) as the
9transferee school or school district) sends notification to
10the school or school district from which the student
11transferred (known hereafter in this subsection (c) as the
12transferor school or school district) documenting that the
13student has enrolled in the transferee school or school
14district. This notification must occur on or before July 31
15following the school year during which the student withdraws
16from the transferor school or school district or the student
17shall be counted in the calculation of the transferor school's
18or school district's annual student dropout rate. A request by
19the transferee school or school district to the transferor
20school or school district seeking the student's academic
21transcripts or medical records shall be considered without
22limitation adequate documentation of enrollment. Each
23transferor school or school district shall keep documentation
24of such transfer students for the minimum period provided in
25the Illinois School Student Records Act. All records
26indicating the school or school district to which a student

 

 

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1transferred are subject to the Illinois School Student Records
2Act.
3(Source: P.A. 96-1423, eff. 8-3-10.)
 
4    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
5    Sec. 10-22.6. Suspension or expulsion of pupils; school
6searches.
7    (a) To expel pupils guilty of gross disobedience or
8misconduct, including gross disobedience or misconduct
9perpetuated by electronic means, pursuant to subsection (b-20)
10of this Section, and no action shall lie against them for such
11expulsion. Expulsion shall take place only after the parents
12have been requested to appear at a meeting of the board, or
13with a hearing officer appointed by it, to discuss their
14child's behavior. Such request shall be made by registered or
15certified mail and shall state the time, place and purpose of
16the meeting. The board, or a hearing officer appointed by it,
17at such meeting shall state the reasons for dismissal and the
18date on which the expulsion is to become effective. If a
19hearing officer is appointed by the board, he shall report to
20the board a written summary of the evidence heard at the
21meeting and the board may take such action thereon as it finds
22appropriate. If the board acts to expel a pupil, the written
23expulsion decision shall detail the specific reasons why
24removing the pupil from the learning environment is in the
25best interest of the school. The expulsion decision shall also

 

 

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1include a rationale as to the specific duration of the
2expulsion. An expelled pupil may be immediately transferred to
3an alternative program in the manner provided in Article 13A
4or 13B of this Code. A pupil must not be denied transfer
5because of the expulsion, except in cases in which such
6transfer is deemed to cause a threat to the safety of students
7or staff in the alternative program.
8    (b) To suspend or by policy to authorize the
9superintendent of the district or the principal, assistant
10principal, or dean of students of any school to suspend pupils
11guilty of gross disobedience or misconduct, or to suspend
12pupils guilty of gross disobedience or misconduct on the
13school bus from riding the school bus, pursuant to subsection
14subsections (b-15) and (b-20) of this Section, and no action
15shall lie against them for such suspension. The board may by
16policy authorize the superintendent of the district or the
17principal, assistant principal, or dean of students of any
18school to suspend pupils guilty of such acts for a period not
19to exceed 10 school days. If a pupil is suspended due to gross
20disobedience or misconduct on a school bus, the board may
21suspend the pupil in excess of 10 school days for safety
22reasons.
23    Any suspension shall be reported immediately to the
24parents or guardian of a pupil along with a full statement of
25the reasons for such suspension and a notice of their right to
26a review. The school board must be given a summary of the

 

 

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1notice, including the reason for the suspension and the
2suspension length. Upon request of the parents or guardian,
3the school board or a hearing officer appointed by it shall
4review such action of the superintendent or principal,
5assistant principal, or dean of students. At such review, the
6parents or guardian of the pupil may appear and discuss the
7suspension with the board or its hearing officer. If a hearing
8officer is appointed by the board, he shall report to the board
9a written summary of the evidence heard at the meeting. After
10its hearing or upon receipt of the written report of its
11hearing officer, the board may take such action as it finds
12appropriate. If a student is suspended pursuant to this
13subsection (b), the board shall, in the written suspension
14decision, detail the specific act of gross disobedience or
15misconduct resulting in the decision to suspend. The
16suspension decision shall also include a rationale as to the
17specific duration of the suspension. A pupil who is suspended
18in excess of 20 school days may be immediately transferred to
19an alternative program in the manner provided in Article 13A
20or 13B of this Code. A pupil must not be denied transfer
21because of the suspension, except in cases in which such
22transfer is deemed to cause a threat to the safety of students
23or staff in the alternative program.
24    (b-5) Among the many possible disciplinary interventions
25and consequences available to school officials, school
26exclusions, such as out-of-school suspensions and expulsions,

 

 

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1are the most serious. School officials shall limit the number
2and duration of expulsions and suspensions to the greatest
3extent practicable, and it is recommended that they use them
4only for legitimate educational purposes. To ensure that
5students are not excluded from school unnecessarily, it is
6recommended that school officials consider forms of
7non-exclusionary discipline prior to using out-of-school
8suspensions or expulsions.
9    (b-10) Unless otherwise required by federal law or this
10Code, school boards may not institute zero-tolerance policies
11by which school administrators are required to suspend or
12expel students for particular behaviors.
13    (b-15) (Blank). Out-of-school suspensions of 3 days or
14less may be used only if the student's continuing presence in
15school would pose a threat to school safety or a disruption to
16other students' learning opportunities. For purposes of this
17subsection (b-15), "threat to school safety or a disruption to
18other students' learning opportunities" shall be determined on
19a case-by-case basis by the school board or its designee.
20School officials shall make all reasonable efforts to resolve
21such threats, address such disruptions, and minimize the
22length of suspensions to the greatest extent practicable.
23    (b-20) Unless otherwise required by this Code,
24out-of-school suspensions of longer than 3 days, expulsions,
25and disciplinary removals to alternative schools may be used
26only if other appropriate and available behavioral and

 

 

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1disciplinary interventions have been exhausted and the
2student's continuing physical presence in school would either
3(i) pose a threat to the safety of other students, staff, or
4members of the school community or (ii) substantially disrupt,
5impede, or interfere with the operation of the school. For
6purposes of this subsection (b-20), "threat to the safety of
7other students, staff, or members of the school community" and
8"substantially disrupt, impede, or interfere with the
9operation of the school" shall be determined on a case-by-case
10basis by school officials. For purposes of this subsection
11(b-20), the determination of whether "appropriate and
12available behavioral and disciplinary interventions have been
13exhausted" shall be made by the school board or its designee
14school officials. School officials shall make all reasonable
15efforts to resolve such threats, address such disruptions, and
16minimize the length of student exclusions to the greatest
17extent practicable. Within the suspension decision described
18in subsection (b) of this Section or the expulsion decision
19described in subsection (a) of this Section, it shall be
20documented whether other interventions were attempted or
21whether it was determined that there were no other appropriate
22and available interventions.
23    (b-25) Unless a suspended student is immediately
24transferred to an alternative program in the manner provided
25in Article 13A or 13B of this Code, the school district that
26suspended the student shall create an educational continuity

 

 

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1plan for the student, to be implemented beginning on the first
2full day of the suspension. An educational continuity plan
3must provide the student with (i) a minimum of 5 hours of
4instruction on each day of suspension, with a minimum of 60
5minutes being synchronous with a teacher licensed under
6Article 21B of this Code, unless the district lacks the
7connectivity to allow for synchronous learning, (ii) access to
8support services provided either by the school district or an
9outside entity, and (iii) access to school meals as required
10under the School Breakfast and Lunch Program Act, provided
11that the school district is not required to provide
12transportation for this purpose. A suspended student who is
13provided instruction in conformance with this subsection
14(b-25) shall be counted as in attendance for such days.
15Students who are suspended out-of-school for longer than 4
16school days shall be provided appropriate and available
17support services during the period of their suspension. For
18purposes of this subsection (b-25), "appropriate and available
19support services" shall be determined by school authorities.
20Within the suspension decision described in subsection (b) of
21this Section, it shall be documented whether such services are
22to be provided or whether it was determined that there are no
23such appropriate and available services.
24    A school district may refer students who are expelled to
25appropriate and available support services.
26    A school district shall create a policy to facilitate the

 

 

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

 

 

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1time not to exceed 2 calendar years, as determined on a
2case-by-case basis. A student who is determined to have
3brought one of the following objects to school, any
4school-sponsored activity or event, or any activity or event
5that bears a reasonable relationship to school shall be
6expelled for a period of not less than one year:
7        (1) A firearm. For the purposes of this Section,
8    "firearm" means any gun, rifle, shotgun, weapon as defined
9    by Section 921 of Title 18 of the United States Code,
10    firearm as defined in Section 1.1 of the Firearm Owners
11    Identification Card Act, or firearm as defined in Section
12    24-1 of the Criminal Code of 2012. The expulsion period
13    under this subdivision (1) may be modified by the
14    superintendent, and the superintendent's determination may
15    be modified by the board on a case-by-case basis.
16        (2) A knife, brass knuckles or other knuckle weapon
17    regardless of its composition, a billy club, or any other
18    object if used or attempted to be used to cause bodily
19    harm, including "look alikes" of any firearm as defined in
20    subdivision (1) of this subsection (d). The expulsion
21    requirement under this subdivision (2) may be modified by
22    the superintendent, and the superintendent's determination
23    may be modified by the board on a case-by-case basis.
24Expulsion or suspension shall be construed in a manner
25consistent with the federal Individuals with Disabilities
26Education Act. A student who is subject to suspension or

 

 

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1expulsion as provided in this Section may be eligible for a
2transfer to an alternative school program in accordance with
3Article 13A of the School Code.
4    (d-5) The board may suspend or by regulation authorize the
5superintendent of the district or the principal, assistant
6principal, or dean of students of any school to suspend a
7student for a period not to exceed 10 school days or may expel
8a student for a definite period of time not to exceed 2
9calendar years, as determined on a case-by-case basis, if (i)
10that student has been determined to have made an explicit
11threat on an Internet website against a school employee, a
12student, or any school-related personnel, (ii) the Internet
13website through which the threat was made is a site that was
14accessible within the school at the time the threat was made or
15was available to third parties who worked or studied within
16the school grounds at the time the threat was made, and (iii)
17the threat could be reasonably interpreted as threatening to
18the safety and security of the threatened individual because
19of his or her duties or employment status or status as a
20student inside the school.
21    (d-10) Upon the expulsion of a student, a school district
22shall, within a reasonable timeframe, consult with the
23appropriate regional office of education for the purpose of
24determining the placement of the student under this subsection
25(d-10). Unless an expelled student is immediately transferred
26to an alternative program in the manner provided in Article

 

 

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113A or 13B of this Code, the school district that expelled the
2student shall create and implement an educational continuity
3plan for the student. An educational continuity plan must
4provide the student with (i) a minimum of 5 hours of
5instruction on each day of expulsion, with a minimum of 60
6minutes being synchronous with a teacher licensed under
7Article 21B of this Code, unless the district lacks the
8connectivity to allow for synchronous learning, (ii) access to
9support services provided either by the school district or an
10outside entity, and (iii) access to school meals as required
11under the School Breakfast and Lunch Program Act, provided
12that the school district is not required to provide
13transportation for this purpose. An expelled student provided
14instruction in conformance with this subsection (d-10) shall
15be counted as in attendance for such days and shall continue to
16be enrolled in the school district during the term of
17expulsion.
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
22of this 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

 

 

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1students to drop out voluntarily due to behavioral or academic
2difficulties.
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,
6or damaged property.
7    (j) Subsections (a) through (i) of this Section shall
8apply to elementary and secondary schools, charter schools,
9special charter districts, and school districts organized
10under Article 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
14this Code.
15    (l) Beginning with the 2018-2019 school year, an in-school
16suspension program provided by a school district for any
17students in kindergarten through grade 12 may focus on
18promoting non-violent conflict resolution and positive
19interaction with other students and school personnel. A school
20district may employ a school social worker or a licensed
21mental health professional to oversee an in-school suspension
22program in kindergarten through grade 12.
23(Source: P.A. 100-105, eff. 1-1-18; 100-810, eff. 1-1-19;
24100-863, eff. 8-14-18; 100-1035, eff. 8-22-18; 101-81, eff.
257-12-19.)".