Full Text of HB3600 103rd General Assembly
HB3600 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB3600 Introduced 2/17/2023, by Rep. Michelle Mussman SYNOPSIS AS INTRODUCED: |
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105 ILCS 5/10-22.6 | from Ch. 122, par. 10-22.6 |
105 ILCS 5/10-22.6c new | | 105 ILCS 5/10-22.6d new | |
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Amends the School Boards Article of the School Code. Provides that if a student is sent home for a full or partial school day, subjected to an in-school suspension, told not to come to school for non-medical reasons, or for other reasons that are not valid causes for absence, including behaviors that do not rise to the level of gross disobedience or misconduct, removal from the educational environment must be documented and the student's parent or guardian must be provided a notice in writing describing the action taken and the specific reason or reasons for the action. Provides that the written notice to the parents or guardian of a student with a disability provided must include a description of the school district's responsibility to convene a meeting of the student's IEP team or Section 504 plan team to review the student's behavioral intervention plan or to develop such a plan, and the parent's right to request such a meeting, if the cumulative number of days of removal of the student exceeds 10 in a school year. Provides that a school board shall authorize a superintendent of the district or the principal, assistant principal, or dean of students of any school to assign pupils guilty of gross disobedience or misconduct and send the pupil to in-school suspension, and no action shall lie against them for the in-school suspension. Provides that before assigning a pupil to in-school suspension, the charges shall be explained to the pupil and the pupil shall be given an opportunity to respond to the charges. Provides that pupils shall be given the opportunity to complete classroom work during the in-school suspension for equivalent academic credit. Provides that an in-school suspension program provided by a school district for any pupils in kindergarten through grade 12 may focus on promoting non-violent conflict resolution and positive interaction with other pupils and school personnel. Provides that a school district may employ a school social worker or a licensed mental health professional to oversee an in-school suspension program. Makes other changes. Effective immediately.
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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 and by adding Sections 10-22.6c and 10-22.6d as | 6 | | follows:
| 7 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 8 | | (Text of Section before amendment by P.A. 102-466 )
| 9 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 10 | | searches.
| 11 | | (a) To expel pupils guilty of gross disobedience or | 12 | | misconduct, including gross disobedience or misconduct | 13 | | perpetuated by electronic means, pursuant to subsection (b-20) | 14 | | of this Section, and
no action shall lie against them for such | 15 | | expulsion. Expulsion shall
take place only after the parents | 16 | | have been requested to appear at a
meeting of the board, or | 17 | | with a hearing officer appointed by it, to
discuss their | 18 | | child's behavior. Such request shall be made by registered
or | 19 | | certified mail and shall state the time, place and purpose of | 20 | | the
meeting. The board, or a hearing officer appointed by it, | 21 | | at such
meeting shall state the reasons for dismissal and the | 22 | | date on which the
expulsion is to become effective. If a | 23 | | hearing officer is appointed by
the board, he shall report to |
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| 1 | | the board a written summary of the evidence
heard at the | 2 | | meeting and the board may take such action thereon as it
finds | 3 | | appropriate. If the board acts to expel a pupil, the written | 4 | | expulsion decision shall detail the specific reasons why | 5 | | removing the pupil from the learning environment is in the | 6 | | best interest of the school. The expulsion decision shall also | 7 | | include a rationale as to the specific duration of the | 8 | | expulsion. An expelled pupil may be immediately transferred to | 9 | | an alternative program in the manner provided in Article 13A | 10 | | or 13B of this Code. A pupil must not be denied transfer | 11 | | because of the expulsion, except in cases in which such | 12 | | transfer is deemed to cause a threat to the safety of students | 13 | | or staff in the alternative program.
| 14 | | (b) To suspend or by policy to authorize the | 15 | | superintendent of
the district or the principal, assistant | 16 | | principal, or dean of students
of any school to suspend pupils | 17 | | guilty of gross disobedience or misconduct, or
to suspend | 18 | | pupils guilty of gross disobedience or misconduct on the | 19 | | school bus
from riding the school bus, pursuant to subsections | 20 | | (b-15) and (b-20) of this Section, and no action
shall lie | 21 | | against them for such suspension. The board may by policy
| 22 | | authorize the superintendent of the district or the principal, | 23 | | assistant
principal, or dean of students of any
school to | 24 | | suspend pupils guilty of such acts for a period not to exceed
| 25 | | 10 school days. If a pupil is suspended due to gross | 26 | | disobedience or misconduct
on a school bus, the board may |
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| 1 | | suspend the pupil in excess of 10
school
days for safety | 2 | | reasons. | 3 | | Any suspension shall be reported immediately to the
| 4 | | parents or guardian of a pupil along with a full statement of | 5 | | the
reasons for such suspension and a notice of their right to | 6 | | a review. The school board must be given a summary of the | 7 | | notice, including the reason for the suspension and the | 8 | | suspension length. Upon request of the
parents or guardian, | 9 | | the school board or a hearing officer appointed by
it shall | 10 | | review such action of the superintendent or principal, | 11 | | assistant
principal, or dean of students. At such
review, the | 12 | | parents or guardian of the pupil may appear and discuss the
| 13 | | suspension with the board or its hearing officer. If a hearing | 14 | | officer
is appointed by the board, he shall report to the board | 15 | | a written summary
of the evidence heard at the meeting. After | 16 | | its hearing or upon receipt
of the written report of its | 17 | | hearing officer, the board may take such
action as it finds | 18 | | appropriate. If a student is suspended pursuant to this | 19 | | subsection (b), the board shall, in the written suspension | 20 | | decision, detail the specific act of gross disobedience or | 21 | | misconduct resulting in the decision to suspend. The | 22 | | suspension decision shall also include a rationale as to the | 23 | | specific duration of the suspension. A pupil who is suspended | 24 | | in excess of 20 school days may be immediately transferred to | 25 | | an alternative program in the manner provided in Article 13A | 26 | | or 13B of this Code. A pupil must not be denied transfer |
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| 1 | | because of the suspension, except in cases in which such | 2 | | transfer is deemed to cause a threat to the safety of students | 3 | | or staff in the alternative program.
| 4 | | (b-5) Among the many possible disciplinary interventions | 5 | | and consequences available to school officials, school | 6 | | exclusions, such as out-of-school suspensions and expulsions, | 7 | | are the most serious. School officials shall limit the number | 8 | | and duration of expulsions and suspensions to the greatest | 9 | | extent practicable, and it is recommended that they use them | 10 | | only for legitimate educational purposes. To ensure that | 11 | | students are not excluded from school unnecessarily, it is | 12 | | recommended that school officials consider forms of | 13 | | non-exclusionary discipline prior to using out-of-school | 14 | | suspensions or expulsions. | 15 | | (b-10) Unless otherwise required by federal law or this | 16 | | Code, school boards may not institute zero-tolerance policies | 17 | | by which school administrators are required to suspend or | 18 | | expel students for particular behaviors. | 19 | | (b-15) Out-of-school suspensions of 3 days or less may be | 20 | | used only if the student's continuing presence in school would | 21 | | pose a threat to school safety or a disruption to other | 22 | | students' learning opportunities. For purposes of this | 23 | | subsection (b-15), "threat to school safety or a disruption to | 24 | | other students' learning opportunities" shall be determined on | 25 | | a case-by-case basis by the school board or its designee. | 26 | | School officials shall make all reasonable efforts to resolve |
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| 1 | | such threats, address such disruptions, and minimize the | 2 | | length of suspensions to the greatest extent practicable. | 3 | | (b-20) Unless otherwise required by this Code, | 4 | | out-of-school suspensions of longer than 3 days, expulsions, | 5 | | and disciplinary removals to alternative schools may be used | 6 | | only if other appropriate and available behavioral and | 7 | | disciplinary interventions have been exhausted and the | 8 | | student's continuing presence in school would either (i) pose | 9 | | a
threat to the safety of other students, staff, or members of
| 10 | | the school community or (ii) substantially disrupt, impede, or
| 11 | | interfere with the operation of the school. For purposes of | 12 | | this subsection (b-20), "threat to the safety of other | 13 | | students, staff, or members of the school community" and | 14 | | "substantially disrupt, impede, or interfere with the | 15 | | operation of the school" shall be determined on a case-by-case | 16 | | basis by school officials. For purposes of this subsection | 17 | | (b-20), the determination of whether "appropriate and | 18 | | available behavioral and disciplinary interventions have been | 19 | | exhausted" shall be made by school officials. School officials | 20 | | shall make all reasonable efforts to resolve such threats, | 21 | | address such disruptions, and minimize the length of student | 22 | | exclusions to the greatest extent practicable. Within the | 23 | | suspension decision described in subsection (b) of this | 24 | | Section or the expulsion decision described in subsection (a) | 25 | | of this Section, it shall be documented whether other | 26 | | interventions were attempted or whether it was determined that |
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| 1 | | there were no other appropriate and available interventions. | 2 | | (b-25) Students who are suspended out-of-school for longer | 3 | | than 4 school days shall be provided appropriate and available | 4 | | support services during the period of their suspension. For | 5 | | purposes of this subsection (b-25), "appropriate and available | 6 | | support services" shall be determined by school authorities. | 7 | | Within the suspension decision described in subsection (b) of | 8 | | this Section, it shall be documented whether such services are | 9 | | to be provided or whether it was determined that there are no | 10 | | such appropriate and available services. | 11 | | A school district may refer students who are expelled to | 12 | | appropriate and available support services. | 13 | | A school district shall create a policy to facilitate the | 14 | | re-engagement of students who are suspended out-of-school, | 15 | | expelled, or returning from an alternative school setting. | 16 | | (b-30) A school district shall create a policy by which | 17 | | suspended pupils, including those pupils suspended from the | 18 | | school bus who do not have alternate transportation to school, | 19 | | shall have the opportunity to make up work for equivalent | 20 | | academic credit. It shall be the responsibility of a pupil's | 21 | | parent or guardian to notify school officials that a pupil | 22 | | suspended from the school bus does not have alternate | 23 | | transportation to school. | 24 | | (c) A school board must invite a representative from a | 25 | | local mental health agency to consult with the board at the | 26 | | meeting whenever there is evidence that mental illness may be |
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| 1 | | the cause of a student's expulsion or suspension.
| 2 | | (c-5) School districts shall make reasonable efforts to | 3 | | provide ongoing professional development to teachers, | 4 | | administrators, school board members, school resource | 5 | | officers, and staff on the adverse consequences of school | 6 | | exclusion and justice-system involvement, effective classroom | 7 | | management strategies, culturally responsive discipline, the | 8 | | appropriate and available supportive services for the | 9 | | promotion of student attendance and engagement, and | 10 | | developmentally appropriate disciplinary methods that promote | 11 | | positive and healthy school 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) (Blank). Beginning with the 2018-2019 school year, an | 5 | | in-school suspension program provided by a school district for | 6 | | any 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 | | 102-813, eff. 5-13-22.) | 14 | | (Text of Section after amendment by P.A. 102-466 )
| 15 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 16 | | searches.
| 17 | | (a) To expel pupils guilty of gross disobedience or | 18 | | misconduct, including gross disobedience or misconduct | 19 | | perpetuated by electronic means, pursuant to subsection (b-20) | 20 | | of this Section, and
no action shall lie against them for such | 21 | | expulsion. Expulsion shall
take place only after the parents | 22 | | or guardians have been requested to appear at a
meeting of the | 23 | | board, or with a hearing officer appointed by it, to
discuss | 24 | | their child's behavior. Such request shall be made by | 25 | | registered
or certified mail and shall state the time, place |
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| 1 | | and purpose of the
meeting. The board, or a hearing officer | 2 | | appointed by it, at such
meeting shall state the reasons for | 3 | | dismissal and the date on which the
expulsion is to become | 4 | | effective. If a hearing officer is appointed by
the board, he | 5 | | shall report to the board a written summary of the evidence
| 6 | | heard at the meeting and the board may take such action thereon | 7 | | as it
finds appropriate. If the board acts to expel a pupil, | 8 | | the written expulsion decision shall detail the specific | 9 | | reasons why removing the pupil from the learning environment | 10 | | is in the best interest of the school. The expulsion decision | 11 | | shall also include a rationale as to the specific duration of | 12 | | the expulsion. An expelled pupil may be immediately | 13 | | transferred to an alternative program in the manner provided | 14 | | in Article 13A or 13B of this Code. A pupil must not be denied | 15 | | transfer because of the expulsion, except in cases in which | 16 | | such transfer is deemed to cause a threat to the safety of | 17 | | students or staff in the alternative program.
| 18 | | (b) To suspend or by policy to authorize the | 19 | | superintendent of
the district or the principal, assistant | 20 | | principal, or dean of students
of any school to suspend pupils | 21 | | guilty of gross disobedience or misconduct, or
to suspend | 22 | | pupils guilty of gross disobedience or misconduct on the | 23 | | school bus
from riding the school bus, pursuant to subsections | 24 | | (b-15) and (b-20) of this Section, and no action
shall lie | 25 | | against them for such suspension. The board may by policy
| 26 | | authorize the superintendent of the district or the principal, |
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| 1 | | assistant
principal, or dean of students of any
school to | 2 | | suspend pupils guilty of such acts for a period not to exceed
| 3 | | 10 school days. If a pupil is suspended due to gross | 4 | | disobedience or misconduct
on a school bus, the board may | 5 | | suspend the pupil in excess of 10
school
days for safety | 6 | | reasons. | 7 | | Any suspension shall be reported immediately to the
| 8 | | parents or guardians of a pupil along with a full statement of | 9 | | the
reasons for such suspension and a notice of their right to | 10 | | a review. The school board must be given a summary of the | 11 | | notice, including the reason for the suspension and the | 12 | | suspension length. Upon request of the
parents or guardians, | 13 | | the school board or a hearing officer appointed by
it shall | 14 | | review such action of the superintendent or principal, | 15 | | assistant
principal, or dean of students. At such
review, the | 16 | | parents or guardians of the pupil may appear and discuss the
| 17 | | suspension with the board or its hearing officer. If a hearing | 18 | | officer
is appointed by the board, he shall report to the board | 19 | | a written summary
of the evidence heard at the meeting. After | 20 | | its hearing or upon receipt
of the written report of its | 21 | | hearing officer, the board may take such
action as it finds | 22 | | appropriate. If a student is suspended pursuant to this | 23 | | subsection (b), the board shall, in the written suspension | 24 | | decision, detail the specific act of gross disobedience or | 25 | | misconduct resulting in the decision to suspend. The | 26 | | suspension decision shall also include a rationale as to the |
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| 1 | | specific duration of the suspension. A pupil who is suspended | 2 | | in excess of 20 school days may be immediately transferred to | 3 | | an alternative program in the manner provided in Article 13A | 4 | | or 13B of this Code. A pupil must not be denied transfer | 5 | | because of the suspension, except in cases in which such | 6 | | transfer is deemed to cause a threat to the safety of students | 7 | | or staff in the alternative program.
| 8 | | (b-5) Among the many possible disciplinary interventions | 9 | | and consequences available to school officials, school | 10 | | exclusions, such as out-of-school suspensions and expulsions, | 11 | | are the most serious. School officials shall limit the number | 12 | | and duration of expulsions and suspensions to the greatest | 13 | | extent practicable, and it is recommended that they use them | 14 | | only for legitimate educational purposes. To ensure that | 15 | | students are not excluded from school unnecessarily, it is | 16 | | recommended that school officials consider forms of | 17 | | non-exclusionary discipline prior to using out-of-school | 18 | | suspensions or expulsions. | 19 | | (b-10) Unless otherwise required by federal law or this | 20 | | Code, school boards may not institute zero-tolerance policies | 21 | | by which school administrators are required to suspend or | 22 | | expel students for particular behaviors. | 23 | | (b-15) Out-of-school suspensions of 3 days or less may be | 24 | | used only if the student's continuing presence in school would | 25 | | pose a threat to school safety or a disruption to other | 26 | | students' learning opportunities. For purposes of this |
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| 1 | | subsection (b-15), "threat to school safety or a disruption to | 2 | | other students' learning opportunities" shall be determined on | 3 | | a case-by-case basis by the school board or its designee. | 4 | | School officials shall make all reasonable efforts to resolve | 5 | | such threats, address such disruptions, and minimize the | 6 | | length of suspensions to the greatest extent practicable. | 7 | | (b-20) Unless otherwise required by this Code, | 8 | | out-of-school suspensions of longer than 3 days, expulsions, | 9 | | and disciplinary removals to alternative schools may be used | 10 | | only if other appropriate and available behavioral and | 11 | | disciplinary interventions have been exhausted and the | 12 | | student's continuing presence in school would either (i) pose | 13 | | a
threat to the safety of other students, staff, or members of
| 14 | | the school community or (ii) substantially disrupt, impede, or
| 15 | | interfere with the operation of the school. For purposes of | 16 | | this subsection (b-20), "threat to the safety of other | 17 | | students, staff, or members of the school community" and | 18 | | "substantially disrupt, impede, or interfere with the | 19 | | operation of the school" shall be determined on a case-by-case | 20 | | basis by school officials. For purposes of this subsection | 21 | | (b-20), the determination of whether "appropriate and | 22 | | available behavioral and disciplinary interventions have been | 23 | | exhausted" shall be made by school officials. School officials | 24 | | shall make all reasonable efforts to resolve such threats, | 25 | | address such disruptions, and minimize the length of student | 26 | | exclusions to the greatest extent practicable. Within the |
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| 1 | | suspension decision described in subsection (b) of this | 2 | | Section or the expulsion decision described in subsection (a) | 3 | | of this Section, it shall be documented whether other | 4 | | interventions were attempted or whether it was determined that | 5 | | there were no other appropriate and available interventions. | 6 | | (b-25) Students who are suspended out-of-school for longer | 7 | | than 4 school days shall be provided appropriate and available | 8 | | support services during the period of their suspension. For | 9 | | purposes of this subsection (b-25), "appropriate and available | 10 | | support services" shall be determined by school authorities. | 11 | | Within the suspension decision described in subsection (b) of | 12 | | this Section, it shall be documented whether such services are | 13 | | to be provided or whether it was determined that there are no | 14 | | such appropriate and available services. | 15 | | A school district may refer students who are expelled to | 16 | | appropriate and available support services. | 17 | | A school district shall create a policy to facilitate the | 18 | | re-engagement of students who are suspended out-of-school, | 19 | | expelled, or returning from an alternative school setting. | 20 | | (b-30) A school district shall create a policy by which | 21 | | suspended pupils, including those pupils suspended from the | 22 | | school bus who do not have alternate transportation to school, | 23 | | shall have the opportunity to make up work for equivalent | 24 | | academic credit. It shall be the responsibility of a pupil's | 25 | | parents or guardians to notify school officials that a pupil | 26 | | suspended from the school bus does not have alternate |
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| 1 | | transportation to school. | 2 | | (b-35) In all suspension review hearings conducted
under | 3 | | subsection (b) or expulsion hearings conducted
under | 4 | | subsection (a), a student may disclose any factor to be | 5 | | considered in mitigation, including his or her status as
a | 6 | | parent, expectant parent, or victim of domestic or sexual | 7 | | violence, as defined in Article 26A. A representative of the
| 8 | | parent's or guardian's choice, or of the student's choice if | 9 | | emancipated, must be permitted to represent
the student | 10 | | throughout the proceedings and to address the school board or | 11 | | its appointed hearing officer. With the
approval of the | 12 | | student's parent or guardian, or of the student if | 13 | | emancipated, a support person
must be permitted to accompany | 14 | | the student to any disciplinary
hearings or proceedings. The | 15 | | representative or support person must comply with any rules of | 16 | | the school district's hearing process. If the representative | 17 | | or support person violates the rules or engages in behavior or | 18 | | advocacy that harasses, abuses, or intimidates either party, a | 19 | | witness, or anyone else in attendance at the hearing, the | 20 | | representative or support person may be prohibited from | 21 | | further participation in the hearing or proceeding. A | 22 | | suspension or expulsion proceeding
under this subsection | 23 | | (b-35) must be conducted independently
from any ongoing | 24 | | criminal investigation or proceeding, and an absence of | 25 | | pending or possible criminal charges, criminal investigations, | 26 | | or proceedings may not be a factor in school
disciplinary |
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| 1 | | decisions. | 2 | | (b-40) During a suspension review hearing conducted
under | 3 | | subsection (b) or an expulsion hearing conducted
under | 4 | | subsection (a) that involves allegations of sexual
violence by | 5 | | the student who is subject to discipline, neither
the student | 6 | | nor his or her representative shall directly
question nor have | 7 | | direct contact with the alleged victim. The
student who is | 8 | | subject to discipline or his or her
representative may, at the | 9 | | discretion and direction of the
school board or its appointed | 10 | | hearing officer, suggest
questions to be posed by the school | 11 | | board or its appointed
hearing officer to the alleged victim. | 12 | | (c) A school board must invite a representative from a | 13 | | local mental health agency to consult with the board at the | 14 | | meeting whenever there is evidence that mental illness may be | 15 | | the cause of a student's expulsion or suspension.
| 16 | | (c-5) School districts shall make reasonable efforts to | 17 | | provide ongoing professional development to teachers, | 18 | | administrators, school board members, school resource | 19 | | officers, and staff on the adverse consequences of school | 20 | | exclusion and justice-system involvement, effective classroom | 21 | | management strategies, culturally responsive discipline, the | 22 | | appropriate and available supportive services for the | 23 | | promotion of student attendance and engagement, and | 24 | | developmentally appropriate disciplinary methods that promote | 25 | | positive and healthy school 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) (Blank). Beginning with the 2018-2019 school year, an | 24 | | in-school suspension program provided by a school district for | 25 | | any 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; 102-813, eff. 5-13-22.) | 7 | | (105 ILCS 5/10-22.6c new) | 8 | | Sec. 10-22.6c. Removal of a student from learning | 9 | | environment; documentation and notice. | 10 | | (a) If a student is sent home for a full or partial school | 11 | | day, subjected to an in-school suspension, told not to come to | 12 | | school for non-medical reasons, or for other reasons that are | 13 | | not valid causes for absence under this Code, including | 14 | | behaviors that do not rise to the level of gross disobedience | 15 | | or misconduct, removal from the educational environment must | 16 | | be documented and the student's parent or guardian must be | 17 | | provided a notice in writing describing the action taken and | 18 | | the specific reason or reasons for the action. The | 19 | | documentation and written notice must be made part of the | 20 | | student's temporary school record pursuant to the Illinois | 21 | | School Student Records Act. | 22 | | (b) If a removal is for gross disobedience or misconduct | 23 | | the written notice must comply with Section 22.6. | 24 | | (c) Any removal of a student with a disability from the | 25 | | learning environment shall also conform with the applicable |
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| 1 | | provisions of the federal Individuals with Disabilities | 2 | | Education Act, 20 U.S.C. 1400 et seq.; Section 504 of the | 3 | | federal Rehabilitation Act of 1973, 29 U.S.C. 701 et seq.; | 4 | | Article 14 of this Code; and any other applicable federal or | 5 | | State rules, including, but not limited to, 34 CFR 300.530 | 6 | | through 300.536. | 7 | | (d) The written notice to the parents or guardian of a | 8 | | student with a disability provided under subsection (a) must | 9 | | include a description of the school district's responsibility | 10 | | to convene a meeting of the student's IEP team or Section 504 | 11 | | plan team to review the student's behavioral intervention plan | 12 | | or to develop such a plan, and the parent's right to request | 13 | | such a meeting, if the cumulative number of days of removal of | 14 | | the student exceeds 10 in a school year. | 15 | | (105 ILCS 5/10-22.6d new) | 16 | | Sec. 10-22.6d. In-school suspension. | 17 | | (a) In this Section, "in-school suspension" means the | 18 | | temporary removal of a pupil from their regular classroom for | 19 | | disciplinary purposes while they remain under the direct | 20 | | supervision of school personnel. | 21 | | (b) A school board shall authorize a superintendent of the | 22 | | district or the principal, assistant principal, or dean of | 23 | | students of any school to assign pupils guilty of gross | 24 | | disobedience or misconduct and send the pupil to in-school | 25 | | suspension, and no action shall lie against them for the |
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| 1 | | in-school suspension. | 2 | | (c) Before assigning a pupil to in-school suspension, the | 3 | | charges shall be explained to the pupil and the pupil shall be | 4 | | given an opportunity to respond to the charges. | 5 | | (d) Pupils shall be given the opportunity to complete | 6 | | classroom work during the in-school suspension for equivalent | 7 | | academic credit. An in-school suspension program provided by a | 8 | | school district for any pupils in kindergarten through grade | 9 | | 12 may focus on promoting non-violent conflict resolution and | 10 | | positive interaction with other pupils and school personnel. A | 11 | | school district may employ a school social worker or a | 12 | | licensed mental health professional to oversee an in-school | 13 | | suspension program in kindergarten through grade 12. | 14 | | (e) The parents or guardians of a pupil shall be provided | 15 | | with written notice of any in-school suspension, along with a | 16 | | full statement of the reasons for such in-school suspension. | 17 | | If the pupil is a pupil with a disability, the written notice | 18 | | shall also state whether the pupil will receive the | 19 | | instruction and services specified in the student's | 20 | | individualized educational program during the in-school | 21 | | suspension. | 22 | | Section 95. No acceleration or delay. Where this Act makes | 23 | | changes in a statute that is represented in this Act by text | 24 | | that is not yet or no longer in effect (for example, a Section | 25 | | represented by multiple versions), the use of that text does |
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| 1 | | not accelerate or delay the taking effect of (i) the changes | 2 | | made by this Act or (ii) provisions derived from any other | 3 | | Public Act.
| 4 | | Section 99. Effective date. This Act takes effect upon | 5 | | becoming law.
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