Full Text of SB3982 102nd General Assembly
SB3982 102ND GENERAL ASSEMBLY |
| | 102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022 SB3982 Introduced 1/21/2022, by Sen. Elgie R. Sims, Jr. SYNOPSIS AS INTRODUCED: |
| 105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 |
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Amends the School Code. Requires school districts to make reasonable efforts to provide ongoing professional development to teachers, administrators, school board members, school resource officers, and staff on non-exclusionary discipline practices. Effective July 1, 2023.
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| | | STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT MAY APPLY
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| | A BILL FOR |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 10-22.6 as follows:
| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 7 | | (Text of Section before amendment by P.A. 102-466 )
| 8 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 9 | | searches.
| 10 | | (a) To expel pupils guilty of gross disobedience or | 11 | | misconduct, including gross disobedience or misconduct | 12 | | perpetuated by electronic means, pursuant to subsection (b-20) | 13 | | of this Section, and
no action shall lie against them for such | 14 | | expulsion. Expulsion shall
take place only after the parents | 15 | | have been requested to appear at a
meeting of the board, or | 16 | | with a hearing officer appointed by it, to
discuss their | 17 | | child's behavior. Such request shall be made by registered
or | 18 | | certified mail and shall state the time, place and purpose of | 19 | | the
meeting. The board, or a hearing officer appointed by it, | 20 | | at such
meeting shall state the reasons for dismissal and the | 21 | | date on which the
expulsion is to become effective. If a | 22 | | hearing officer is appointed by
the board, he shall report to | 23 | | the board a written summary of the evidence
heard at the |
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| 1 | | meeting and the board may take such action thereon as it
finds | 2 | | appropriate. If the board acts to expel a pupil, the written | 3 | | expulsion decision shall detail the specific reasons why | 4 | | removing the pupil from the learning environment is in the | 5 | | best interest of the school. The expulsion decision shall also | 6 | | include a rationale as to the specific duration of the | 7 | | expulsion. An expelled pupil may be immediately transferred to | 8 | | an alternative program in the manner provided in Article 13A | 9 | | or 13B of this Code. A pupil must not be denied transfer | 10 | | because of the expulsion, except in cases in which such | 11 | | transfer is deemed to cause a threat to the safety of students | 12 | | or staff in the alternative program.
| 13 | | (b) To suspend or by policy to authorize the | 14 | | superintendent of
the district or the principal, assistant | 15 | | principal, or dean of students
of any school to suspend pupils | 16 | | guilty of gross disobedience or misconduct, or
to suspend | 17 | | pupils guilty of gross disobedience or misconduct on the | 18 | | school bus
from riding the school bus, pursuant to subsections | 19 | | (b-15) and (b-20) of this Section, and no action
shall lie | 20 | | against them for such suspension. The board may by policy
| 21 | | authorize the superintendent of the district or the principal, | 22 | | assistant
principal, or dean of students of any
school to | 23 | | suspend pupils guilty of such acts for a period not to exceed
| 24 | | 10 school days. If a pupil is suspended due to gross | 25 | | disobedience or misconduct
on a school bus, the board may | 26 | | suspend the pupil in excess of 10
school
days for safety |
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| 1 | | reasons. | 2 | | Any suspension shall be reported immediately to the
| 3 | | parents or guardian of a pupil along with a full statement of | 4 | | the
reasons for such suspension and a notice of their right to | 5 | | a review. The school board must be given a summary of the | 6 | | notice, including the reason for the suspension and the | 7 | | suspension length. Upon request of the
parents or guardian, | 8 | | the school board or a hearing officer appointed by
it shall | 9 | | review such action of the superintendent or principal, | 10 | | assistant
principal, or dean of students. At such
review, the | 11 | | parents or guardian of the pupil may appear and discuss the
| 12 | | suspension with the board or its hearing officer. If a hearing | 13 | | officer
is appointed by the board, he shall report to the board | 14 | | a written summary
of the evidence heard at the meeting. After | 15 | | its hearing or upon receipt
of the written report of its | 16 | | hearing officer, the board may take such
action as it finds | 17 | | appropriate. If a student is suspended pursuant to this | 18 | | subsection (b), the board shall, in the written suspension | 19 | | decision, detail the specific act of gross disobedience or | 20 | | misconduct resulting in the decision to suspend. The | 21 | | suspension decision shall also include a rationale as to the | 22 | | specific duration of the suspension. A pupil who is suspended | 23 | | in excess of 20 school days may be immediately transferred to | 24 | | an alternative program in the manner provided in Article 13A | 25 | | or 13B of this Code. A pupil must not be denied transfer | 26 | | because of the suspension, except in cases in which such |
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| 1 | | transfer is deemed to cause a threat to the safety of students | 2 | | or staff in the alternative program.
| 3 | | (b-5) Among the many possible disciplinary interventions | 4 | | and consequences available to school officials, school | 5 | | exclusions, such as out-of-school suspensions and expulsions, | 6 | | are the most serious. School officials shall limit the number | 7 | | and duration of expulsions and suspensions to the greatest | 8 | | extent practicable, and it is recommended that they use them | 9 | | only for legitimate educational purposes. To ensure that | 10 | | students are not excluded from school unnecessarily, it is | 11 | | recommended that school officials consider forms of | 12 | | non-exclusionary discipline prior to using out-of-school | 13 | | suspensions or expulsions. | 14 | | (b-10) Unless otherwise required by federal law or this | 15 | | Code, school boards may not institute zero-tolerance policies | 16 | | by which school administrators are required to suspend or | 17 | | expel students for particular behaviors. | 18 | | (b-15) Out-of-school suspensions of 3 days or less may be | 19 | | used only if the student's continuing presence in school would | 20 | | pose a threat to school safety or a disruption to other | 21 | | students' learning opportunities. For purposes of this | 22 | | subsection (b-15), "threat to school safety or a disruption to | 23 | | other students' learning opportunities" shall be determined on | 24 | | a case-by-case basis by the school board or its designee. | 25 | | School officials shall make all reasonable efforts to resolve | 26 | | such threats, address such disruptions, and minimize the |
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| 1 | | length of suspensions to the greatest extent practicable. | 2 | | (b-20) Unless otherwise required by this Code, | 3 | | out-of-school suspensions of longer than 3 days, expulsions, | 4 | | and disciplinary removals to alternative schools may be used | 5 | | only if other appropriate and available behavioral and | 6 | | disciplinary interventions have been exhausted and the | 7 | | student's continuing presence in school would either (i) pose | 8 | | a
threat to the safety of other students, staff, or members of
| 9 | | the school community or (ii) substantially disrupt, impede, or
| 10 | | interfere with the operation of the school. For purposes of | 11 | | this subsection (b-20), "threat to the safety of other | 12 | | students, staff, or members of the school community" and | 13 | | "substantially disrupt, impede, or interfere with the | 14 | | operation of the school" shall be determined on a case-by-case | 15 | | basis by school officials. For purposes of this subsection | 16 | | (b-20), the determination of whether "appropriate and | 17 | | available behavioral and disciplinary interventions have been | 18 | | exhausted" shall be made by school officials. School officials | 19 | | shall make all reasonable efforts to resolve such threats, | 20 | | address such disruptions, and minimize the length of student | 21 | | exclusions to the greatest extent practicable. Within the | 22 | | suspension decision described in subsection (b) of this | 23 | | Section or the expulsion decision described in subsection (a) | 24 | | of this Section, it shall be documented whether other | 25 | | interventions were attempted or whether it was determined that | 26 | | there were no other appropriate and available interventions. |
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| 1 | | (b-25) Students who are suspended out-of-school for longer | 2 | | than 4 school days shall be provided appropriate and available | 3 | | support services during the period of their suspension. For | 4 | | purposes of this subsection (b-25), "appropriate and available | 5 | | support services" shall be determined by school authorities. | 6 | | Within the suspension decision described in subsection (b) of | 7 | | this Section, it shall be documented whether such services are | 8 | | to be provided or whether it was determined that there are no | 9 | | such appropriate and available services. | 10 | | A school district may refer students who are expelled to | 11 | | appropriate and available support services. | 12 | | A school district shall create a policy to facilitate the | 13 | | re-engagement of students who are suspended out-of-school, | 14 | | expelled, or returning from an alternative school setting. | 15 | | (b-30) A school district shall create a policy by which | 16 | | suspended pupils, including those pupils suspended from the | 17 | | school bus who do not have alternate transportation to school, | 18 | | shall have the opportunity to make up work for equivalent | 19 | | academic credit. It shall be the responsibility of a pupil's | 20 | | parent or guardian to notify school officials that a pupil | 21 | | suspended from the school bus does not have alternate | 22 | | transportation to school. | 23 | | (c) A school board must invite a representative from a | 24 | | local mental health agency to consult with the board at the | 25 | | meeting whenever there is evidence that mental illness may be | 26 | | the cause of a student's expulsion or suspension.
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| 1 | | (c-5) School districts shall make reasonable efforts to | 2 | | provide ongoing professional development to teachers, | 3 | | administrators, school board members, school resource | 4 | | officers, and staff on the adverse consequences of school | 5 | | exclusion and justice-system involvement, effective classroom | 6 | | management strategies, non-exclusionary discipline practices, | 7 | | culturally responsive discipline, the appropriate and | 8 | | available supportive services for the promotion of student | 9 | | attendance and engagement, and developmentally appropriate | 10 | | disciplinary methods that promote positive and healthy school | 11 | | climates. | 12 | | (d) The board may expel a student for a definite period of | 13 | | time not to
exceed 2 calendar years, as determined on a | 14 | | case-by-case basis.
A student who
is determined to have | 15 | | brought one of the following objects to school, any | 16 | | school-sponsored activity
or event, or any activity or event | 17 | | that bears a reasonable relationship to school shall be | 18 | | expelled for a period of not less than
one year: | 19 | | (1) A firearm. For the purposes of this Section, | 20 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 21 | | by Section 921 of Title 18 of the United States Code, | 22 | | firearm as defined in Section 1.1 of the Firearm Owners | 23 | | Identification Card Act, or firearm as defined in Section | 24 | | 24-1 of the Criminal Code of 2012. The expulsion period | 25 | | under this subdivision (1) may be modified by the | 26 | | superintendent, and the superintendent's determination may |
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| 1 | | be modified by the board on a case-by-case basis. | 2 | | (2) A knife, brass knuckles or other knuckle weapon | 3 | | regardless of its composition, a billy club, or any other | 4 | | object if used or attempted to be used to cause bodily | 5 | | harm, including "look alikes" of any firearm as defined in | 6 | | subdivision (1) of this subsection (d). The expulsion | 7 | | requirement under this subdivision (2) may be modified by | 8 | | the superintendent, and the superintendent's determination | 9 | | may be modified by the board on a case-by-case basis. | 10 | | Expulsion
or suspension
shall be construed in a
manner | 11 | | consistent with the federal Individuals with Disabilities | 12 | | Education
Act. A student who is subject to suspension or | 13 | | expulsion as provided in this
Section may be eligible for a | 14 | | transfer to an alternative school program in
accordance with | 15 | | Article 13A of the School Code.
| 16 | | (d-5) The board may suspend or by regulation
authorize the | 17 | | superintendent of the district or the principal, assistant
| 18 | | principal, or dean of students of any
school to suspend a | 19 | | student for a period not to exceed
10 school days or may expel | 20 | | a student for a definite period of time not to
exceed 2 | 21 | | calendar years, as determined on a case-by-case basis, if (i) | 22 | | that student has been determined to have made an explicit | 23 | | threat on an Internet website against a school employee, a | 24 | | student, or any school-related personnel, (ii) the Internet | 25 | | website through which the threat was made is a site that was | 26 | | accessible within the school at the time the threat was made or |
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| 1 | | was available to third parties who worked or studied within | 2 | | the school grounds at the time the threat was made, and (iii) | 3 | | the threat could be reasonably interpreted as threatening to | 4 | | the safety and security of the threatened individual because | 5 | | of his or her duties or employment status or status as a | 6 | | student inside the school.
| 7 | | (e) To maintain order and security in the schools, school | 8 | | authorities may
inspect and search places and areas such as | 9 | | lockers, desks, parking lots, and
other school property and | 10 | | equipment owned or controlled by the school, as well
as | 11 | | personal effects left in those places and areas by students, | 12 | | without notice
to or the consent of the student, and without a | 13 | | search warrant. As a matter of
public policy, the General | 14 | | Assembly finds that students have no reasonable
expectation of | 15 | | privacy in these places and areas or in their personal effects
| 16 | | left in these places and areas. School authorities may request | 17 | | the assistance
of law enforcement officials for the purpose of | 18 | | conducting inspections and
searches of lockers, desks, parking | 19 | | lots, and other school property and
equipment owned or | 20 | | controlled by the school for illegal drugs, weapons, or
other
| 21 | | illegal or dangerous substances or materials, including | 22 | | searches conducted
through the use of specially trained dogs. | 23 | | If a search conducted in accordance
with this Section produces | 24 | | evidence that the student has violated or is
violating either | 25 | | the law, local ordinance, or the school's policies or rules,
| 26 | | such evidence may be seized by school authorities, and |
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| 1 | | disciplinary action may
be taken. School authorities may also | 2 | | turn over such evidence to law
enforcement authorities.
| 3 | | (f) Suspension or expulsion may include suspension or | 4 | | expulsion from
school and all school activities and a | 5 | | prohibition from being present on school
grounds.
| 6 | | (g) A school district may adopt a policy providing that if | 7 | | a student
is suspended or expelled for any reason from any | 8 | | public or private school
in this or any other state, the | 9 | | student must complete the entire term of
the suspension or | 10 | | expulsion in an alternative school program under Article 13A | 11 | | of this Code or an alternative learning opportunities program | 12 | | under Article 13B of this Code before being admitted into the | 13 | | school
district if there is no threat to the safety of students | 14 | | or staff in the alternative program.
| 15 | | (h) School officials shall not advise or encourage | 16 | | students to drop out voluntarily due to behavioral or academic | 17 | | difficulties. | 18 | | (i) A student may not be issued a monetary fine or fee as a | 19 | | disciplinary consequence, though this shall not preclude | 20 | | requiring a student to provide restitution for lost, stolen, | 21 | | or damaged property. | 22 | | (j) Subsections (a) through (i) of this Section shall | 23 | | apply to elementary and secondary schools, charter schools, | 24 | | special charter districts, and school districts organized | 25 | | under Article 34 of this Code. | 26 | | (k) The expulsion of children enrolled in programs funded |
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| 1 | | under Section 1C-2 of this Code is subject to the requirements | 2 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 3 | | this Code. | 4 | | (l) Beginning with the 2018-2019 school year, an in-school | 5 | | suspension program provided by a school district for any | 6 | | students in kindergarten through grade 12 may focus on | 7 | | promoting non-violent conflict resolution and positive | 8 | | interaction with other students and school personnel. A school | 9 | | district may employ a school social worker or a licensed | 10 | | mental health professional to oversee an in-school suspension | 11 | | program in kindergarten through grade 12. | 12 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) | 13 | | (Text of Section after amendment by P.A. 102-466 )
| 14 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 15 | | searches.
| 16 | | (a) To expel pupils guilty of gross disobedience or | 17 | | misconduct, including gross disobedience or misconduct | 18 | | perpetuated by electronic means, pursuant to subsection (b-20) | 19 | | of this Section, and
no action shall lie against them for such | 20 | | expulsion. Expulsion shall
take place only after the parents | 21 | | or guardians have been requested to appear at a
meeting of the | 22 | | board, or with a hearing officer appointed by it, to
discuss | 23 | | their child's behavior. Such request shall be made by | 24 | | registered
or certified mail and shall state the time, place | 25 | | and purpose of the
meeting. The board, or a hearing officer |
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| 1 | | appointed by it, at such
meeting shall state the reasons for | 2 | | dismissal and the date on which the
expulsion is to become | 3 | | effective. If a hearing officer is appointed by
the board, he | 4 | | shall report to the board a written summary of the evidence
| 5 | | heard at the meeting and the board may take such action thereon | 6 | | as it
finds appropriate. If the board acts to expel a pupil, | 7 | | the written expulsion decision shall detail the specific | 8 | | reasons why removing the pupil from the learning environment | 9 | | is in the best interest of the school. The expulsion decision | 10 | | shall also include a rationale as to the specific duration of | 11 | | the expulsion. An expelled pupil may be immediately | 12 | | transferred to an alternative program in the manner provided | 13 | | in Article 13A or 13B of this Code. A pupil must not be denied | 14 | | transfer because of the expulsion, except in cases in which | 15 | | such transfer is deemed to cause a threat to the safety of | 16 | | students or staff in the alternative program.
| 17 | | (b) To suspend or by policy to authorize the | 18 | | superintendent of
the district or the principal, assistant | 19 | | principal, or dean of students
of any school to suspend pupils | 20 | | guilty of gross disobedience or misconduct, or
to suspend | 21 | | pupils guilty of gross disobedience or misconduct on the | 22 | | school bus
from riding the school bus, pursuant to subsections | 23 | | (b-15) and (b-20) of this Section, and no action
shall lie | 24 | | against them for such suspension. The board may by policy
| 25 | | authorize the superintendent of the district or the principal, | 26 | | assistant
principal, or dean of students of any
school to |
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| 1 | | suspend pupils guilty of such acts for a period not to exceed
| 2 | | 10 school days. If a pupil is suspended due to gross | 3 | | disobedience or misconduct
on a school bus, the board may | 4 | | suspend the pupil in excess of 10
school
days for safety | 5 | | reasons. | 6 | | Any suspension shall be reported immediately to the
| 7 | | parents or guardians of a pupil along with a full statement of | 8 | | the
reasons for such suspension and a notice of their right to | 9 | | a review. The school board must be given a summary of the | 10 | | notice, including the reason for the suspension and the | 11 | | suspension length. Upon request of the
parents or guardians, | 12 | | the school board or a hearing officer appointed by
it shall | 13 | | review such action of the superintendent or principal, | 14 | | assistant
principal, or dean of students. At such
review, the | 15 | | parents or guardians of the pupil may appear and discuss the
| 16 | | suspension with the board or its hearing officer. If a hearing | 17 | | officer
is appointed by the board, he shall report to the board | 18 | | a written summary
of the evidence heard at the meeting. After | 19 | | its hearing or upon receipt
of the written report of its | 20 | | hearing officer, the board may take such
action as it finds | 21 | | appropriate. If a student is suspended pursuant to this | 22 | | subsection (b), the board shall, in the written suspension | 23 | | decision, detail the specific act of gross disobedience or | 24 | | misconduct resulting in the decision to suspend. The | 25 | | suspension decision shall also include a rationale as to the | 26 | | specific duration of the suspension. A pupil who is suspended |
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| 1 | | in excess of 20 school days may be immediately transferred to | 2 | | an alternative program in the manner provided in Article 13A | 3 | | or 13B of this Code. A pupil must not be denied transfer | 4 | | because of the suspension, except in cases in which such | 5 | | transfer is deemed to cause a threat to the safety of students | 6 | | or staff in the alternative program.
| 7 | | (b-5) Among the many possible disciplinary interventions | 8 | | and consequences available to school officials, school | 9 | | exclusions, such as out-of-school suspensions and expulsions, | 10 | | are the most serious. School officials shall limit the number | 11 | | and duration of expulsions and suspensions to the greatest | 12 | | extent practicable, and it is recommended that they use them | 13 | | only for legitimate educational purposes. To ensure that | 14 | | students are not excluded from school unnecessarily, it is | 15 | | recommended that school officials consider forms of | 16 | | non-exclusionary discipline prior to using out-of-school | 17 | | suspensions or expulsions. | 18 | | (b-10) Unless otherwise required by federal law or this | 19 | | Code, school boards may not institute zero-tolerance policies | 20 | | by which school administrators are required to suspend or | 21 | | expel students for particular behaviors. | 22 | | (b-15) Out-of-school suspensions of 3 days or less may be | 23 | | used only if the student's continuing presence in school would | 24 | | pose a threat to school safety or a disruption to other | 25 | | students' learning opportunities. For purposes of this | 26 | | subsection (b-15), "threat to school safety or a disruption to |
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| 1 | | other students' learning opportunities" shall be determined on | 2 | | a case-by-case basis by the school board or its designee. | 3 | | School officials shall make all reasonable efforts to resolve | 4 | | such threats, address such disruptions, and minimize the | 5 | | length of suspensions to the greatest extent practicable. | 6 | | (b-20) Unless otherwise required by this Code, | 7 | | out-of-school suspensions of longer than 3 days, expulsions, | 8 | | and disciplinary removals to alternative schools may be used | 9 | | only if other appropriate and available behavioral and | 10 | | disciplinary interventions have been exhausted and the | 11 | | student's continuing presence in school would either (i) pose | 12 | | a
threat to the safety of other students, staff, or members of
| 13 | | the school community or (ii) substantially disrupt, impede, or
| 14 | | interfere with the operation of the school. For purposes of | 15 | | this subsection (b-20), "threat to the safety of other | 16 | | students, staff, or members of the school community" and | 17 | | "substantially disrupt, impede, or interfere with the | 18 | | operation of the school" shall be determined on a case-by-case | 19 | | basis by school officials. For purposes of this subsection | 20 | | (b-20), the determination of whether "appropriate and | 21 | | available behavioral and disciplinary interventions have been | 22 | | exhausted" shall be made by school officials. School officials | 23 | | shall make all reasonable efforts to resolve such threats, | 24 | | address such disruptions, and minimize the length of student | 25 | | exclusions to the greatest extent practicable. Within the | 26 | | suspension decision described in subsection (b) of this |
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| 1 | | Section or the expulsion decision described in subsection (a) | 2 | | of this Section, it shall be documented whether other | 3 | | interventions were attempted or whether it was determined that | 4 | | there were no other appropriate and available interventions. | 5 | | (b-25) Students who are suspended out-of-school for longer | 6 | | than 4 school days shall be provided appropriate and available | 7 | | support services during the period of their suspension. For | 8 | | purposes of this subsection (b-25), "appropriate and available | 9 | | support services" shall be determined by school authorities. | 10 | | Within the suspension decision described in subsection (b) of | 11 | | this Section, it shall be documented whether such services are | 12 | | to be provided or whether it was determined that there are no | 13 | | such appropriate and available services. | 14 | | A school district may refer students who are expelled to | 15 | | appropriate and available support services. | 16 | | A school district shall create a policy to facilitate the | 17 | | re-engagement of students who are suspended out-of-school, | 18 | | expelled, or returning from an alternative school setting. | 19 | | (b-30) A school district shall create a policy by which | 20 | | suspended pupils, including those pupils suspended from the | 21 | | school bus who do not have alternate transportation to school, | 22 | | shall have the opportunity to make up work for equivalent | 23 | | academic credit. It shall be the responsibility of a pupil's | 24 | | parents or guardians to notify school officials that a pupil | 25 | | suspended from the school bus does not have alternate | 26 | | transportation to school. |
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| 1 | | (b-35) In all suspension review hearings conducted
under | 2 | | subsection (b) or expulsion hearings conducted
under | 3 | | subsection (a), a student may disclose any factor to be | 4 | | considered in mitigation, including his or her status as
a | 5 | | parent, expectant parent, or victim of domestic or sexual | 6 | | violence, as defined in Article 26A. A representative of the
| 7 | | parent's or guardian's choice, or of the student's choice if | 8 | | emancipated, must be permitted to represent
the student | 9 | | throughout the proceedings and to address the school board or | 10 | | its appointed hearing officer. With the
approval of the | 11 | | student's parent or guardian, or of the student if | 12 | | emancipated, a support person
must be permitted to accompany | 13 | | the student to any disciplinary
hearings or proceedings. The | 14 | | representative or support person must comply with any rules of | 15 | | the school district's hearing process. If the representative | 16 | | or support person violates the rules or engages in behavior or | 17 | | advocacy that harasses, abuses, or intimidates either party, a | 18 | | witness, or anyone else in attendance at the hearing, the | 19 | | representative or support person may be prohibited from | 20 | | further participation in the hearing or proceeding. A | 21 | | suspension or expulsion proceeding
under this subsection | 22 | | (b-35) must be conducted independently
from any ongoing | 23 | | criminal investigation or proceeding, and an absence of | 24 | | pending or possible criminal charges, criminal investigations, | 25 | | or proceedings may not be a factor in school
disciplinary | 26 | | decisions. |
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| 1 | | (b-40) During a suspension review hearing conducted
under | 2 | | subsection (b) or an expulsion hearing conducted
under | 3 | | subsection (a) that involves allegations of sexual
violence by | 4 | | the student who is subject to discipline, neither
the student | 5 | | nor his or her representative shall directly
question nor have | 6 | | direct contact with the alleged victim. The
student who is | 7 | | subject to discipline or his or her
representative may, at the | 8 | | discretion and direction of the
school board or its appointed | 9 | | hearing officer, suggest
questions to be posed by the school | 10 | | board or its appointed
hearing officer to the alleged victim. | 11 | | (c) A school board must invite a representative from a | 12 | | local mental health agency to consult with the board at the | 13 | | meeting whenever there is evidence that mental illness may be | 14 | | the cause of a student's expulsion or suspension.
| 15 | | (c-5) School districts shall make reasonable efforts to | 16 | | provide ongoing professional development to teachers, | 17 | | administrators, school board members, school resource | 18 | | officers, and staff on the adverse consequences of school | 19 | | exclusion and justice-system involvement, effective classroom | 20 | | management strategies, non-exclusionary discipline practices, | 21 | | culturally responsive discipline, the appropriate and | 22 | | available supportive services for the promotion of student | 23 | | attendance and engagement, and developmentally appropriate | 24 | | disciplinary methods that promote positive and healthy school | 25 | | climates. | 26 | | (d) The board may expel a student for a definite period of |
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| 1 | | time not to
exceed 2 calendar years, as determined on a | 2 | | case-by-case basis.
A student who
is determined to have | 3 | | brought one of the following objects to school, any | 4 | | school-sponsored activity
or event, or any activity or event | 5 | | that bears a reasonable relationship to school shall be | 6 | | expelled 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. | 24 | | Expulsion
or suspension
shall be construed in a
manner | 25 | | consistent with the federal Individuals with Disabilities | 26 | | Education
Act. A student who is subject to suspension or |
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| 1 | | expulsion as provided in this
Section may be eligible for a | 2 | | transfer to an alternative school program in
accordance with | 3 | | Article 13A of the School Code.
| 4 | | (d-5) The board may suspend or by regulation
authorize the | 5 | | superintendent of the district or the principal, assistant
| 6 | | principal, or dean of students of any
school to suspend a | 7 | | student for a period not to exceed
10 school days or may expel | 8 | | a student for a definite period of time not to
exceed 2 | 9 | | calendar years, as determined on a case-by-case basis, if (i) | 10 | | that student has been determined to have made an explicit | 11 | | threat on an Internet website against a school employee, a | 12 | | student, or any school-related personnel, (ii) the Internet | 13 | | website through which the threat was made is a site that was | 14 | | accessible within the school at the time the threat was made or | 15 | | was available to third parties who worked or studied within | 16 | | the school grounds at the time the threat was made, and (iii) | 17 | | the threat could be reasonably interpreted as threatening to | 18 | | the safety and security of the threatened individual because | 19 | | of his or her duties or employment status or status as a | 20 | | student inside the school.
| 21 | | (e) To maintain order and security in the schools, school | 22 | | authorities may
inspect and search places and areas such as | 23 | | lockers, desks, parking lots, and
other school property and | 24 | | equipment owned or controlled by the school, as well
as | 25 | | personal effects left in those places and areas by students, | 26 | | without notice
to or the consent of the student, and without a |
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| 1 | | search warrant. As a matter of
public policy, the General | 2 | | Assembly finds that students have no reasonable
expectation of | 3 | | privacy in these places and areas or in their personal effects
| 4 | | left in these places and areas. School authorities may request | 5 | | the assistance
of law enforcement officials for the purpose of | 6 | | conducting inspections and
searches of lockers, desks, parking | 7 | | lots, and other school property and
equipment owned or | 8 | | controlled by the school for illegal drugs, weapons, or
other
| 9 | | illegal or dangerous substances or materials, including | 10 | | searches conducted
through the use of specially trained dogs. | 11 | | If a search conducted in accordance
with this Section produces | 12 | | evidence that the student has violated or is
violating either | 13 | | the law, local ordinance, or the school's policies or rules,
| 14 | | such evidence may be seized by school authorities, and | 15 | | disciplinary action may
be taken. School authorities may also | 16 | | turn over such evidence to law
enforcement authorities.
| 17 | | (f) Suspension or expulsion may include suspension or | 18 | | expulsion from
school and all school activities and a | 19 | | prohibition from being present on school
grounds.
| 20 | | (g) A school district may adopt a policy providing that if | 21 | | a student
is suspended or expelled for any reason from any | 22 | | public or private school
in this or any other state, the | 23 | | student must complete the entire term of
the suspension or | 24 | | expulsion in an alternative school program under Article 13A | 25 | | of this Code or an alternative learning opportunities program | 26 | | under Article 13B of this Code before being admitted into the |
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| 1 | | school
district if there is no threat to the safety of students | 2 | | or staff in the alternative program. A school district that | 3 | | adopts a policy under this subsection (g) must include a | 4 | | provision allowing for consideration of any mitigating | 5 | | factors, including, but not limited to, a student's status as | 6 | | a parent, expectant parent, or victim of domestic or sexual | 7 | | violence, as defined in Article 26A.
| 8 | | (h) School officials shall not advise or encourage | 9 | | students to drop out voluntarily due to behavioral or academic | 10 | | difficulties. | 11 | | (i) A student may not be issued a monetary fine or fee as a | 12 | | disciplinary consequence, though this shall not preclude | 13 | | requiring a student to provide restitution for lost, stolen, | 14 | | or damaged property. | 15 | | (j) Subsections (a) through (i) of this Section shall | 16 | | apply to elementary and secondary schools, charter schools, | 17 | | special charter districts, and school districts organized | 18 | | under Article 34 of this Code. | 19 | | (k) The expulsion of children enrolled in programs funded | 20 | | under Section 1C-2 of this Code is subject to the requirements | 21 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 22 | | this Code. | 23 | | (l) Beginning with the 2018-2019 school year, an in-school | 24 | | suspension program provided by a school district for any | 25 | | students in kindergarten through grade 12 may focus on | 26 | | promoting non-violent conflict resolution and positive |
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| 1 | | interaction with other students and school personnel. A school | 2 | | district may employ a school social worker or a licensed | 3 | | mental health professional to oversee an in-school suspension | 4 | | program in kindergarten through grade 12. | 5 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | 6 | | 102-539, eff. 8-20-21; revised 9-23-21.) | 7 | | Section 95. No acceleration or delay. Where this Act makes | 8 | | changes in a statute that is represented in this Act by text | 9 | | that is not yet or no longer in effect (for example, a Section | 10 | | represented by multiple versions), the use of that text does | 11 | | not accelerate or delay the taking effect of (i) the changes | 12 | | made by this Act or (ii) provisions derived from any other | 13 | | Public Act.
| 14 | | Section 99. Effective date. This Act takes effect July 1, | 15 | | 2023.
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