Full Text of SB1400 103rd General Assembly
SB1400sam002 103RD GENERAL ASSEMBLY | Sen. Kimberly A. Lightford Filed: 3/7/2024 | | 10300SB1400sam002 | | LRB103 25975 RJT 70125 a |
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| 1 | | AMENDMENT TO SENATE BILL 1400
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 1400 by replacing | 3 | | everything after the enacting clause with the following: | 4 | | "Section 5. The School Code is amended by changing | 5 | | Sections 10-20.14 and 10-22.6 as follows: | 6 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14) | 7 | | Sec. 10-20.14. Student discipline policies; parent-teacher | 8 | | advisory committee. | 9 | | (a) To establish and maintain a parent-teacher advisory | 10 | | committee to develop with the school board or governing body | 11 | | of a charter school policy guidelines on student pupil | 12 | | discipline, including school searches and bullying prevention | 13 | | as set forth in Section 27-23.7 of this Code. School | 14 | | authorities shall furnish a copy of the policy to the parents | 15 | | or guardian of each student pupil within 15 days after the | 16 | | beginning of the school year, or within 15 days after starting |
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| 1 | | classes for a student pupil who transfers into the district | 2 | | during the school year, and the school board or governing body | 3 | | of a charter school shall require that a school inform its | 4 | | students pupils of the contents of the policy. School boards | 5 | | and the governing bodies of charter schools, along with the | 6 | | parent-teacher advisory committee, must meet at least annually | 7 | | to evaluate review their student pupil discipline policies, | 8 | | and the implementation of those policies, and any other | 9 | | factors related to the safety of their schools, students | 10 | | pupils , and school personnel staff . | 11 | | (a-5) On or before September 15, 2016, each elementary and | 12 | | secondary school and charter school shall, at a minimum, adopt | 13 | | student pupil discipline policies that fulfill the | 14 | | requirements set forth in this Section, subsections (a) and | 15 | | (b) of Section 10-22.6 of this Code, Section 34-19 of this Code | 16 | | if applicable, and federal and State laws that provide special | 17 | | requirements for the discipline of students with disabilities. | 18 | | (b) The parent-teacher advisory committee in cooperation | 19 | | with local law enforcement agencies shall develop, with the | 20 | | school board, policy guideline procedures to establish and | 21 | | maintain a reciprocal reporting system between the school | 22 | | district and local law enforcement agencies regarding criminal | 23 | | offenses committed by students. School districts are | 24 | | encouraged to create memoranda of understanding with local law | 25 | | enforcement agencies that clearly define law enforcement's | 26 | | role in schools, in accordance with Section 10-22.6 of this |
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| 1 | | Code. The State Board of Education shall draft and publish | 2 | | guidance for the development of reciprocal reporting systems | 3 | | in accordance with this Section. | 4 | | (c) The parent-teacher advisory committee, in cooperation | 5 | | with school bus personnel, shall develop, with the school | 6 | | board, policy guideline procedures to establish and maintain | 7 | | school bus safety procedures. These procedures shall be | 8 | | incorporated into the district's student pupil discipline | 9 | | policy. The State Board of Education shall draft and publish | 10 | | guidance for the development of school bus safety procedures | 11 | | in accordance with this Section. | 12 | | (d) As used in this subsection (d), "evidence-based | 13 | | intervention" means intervention that has demonstrated a | 14 | | statistically significant effect on improving student outcomes | 15 | | as documented in peer-reviewed scholarly journals. | 16 | | The school board, in consultation with the parent-teacher | 17 | | advisory committee and other community-based organizations, | 18 | | must include provisions in the student discipline policy to | 19 | | address students who have demonstrated behaviors that put them | 20 | | at risk for aggressive behavior, including without limitation | 21 | | bullying, as defined in the policy. These provisions must | 22 | | include procedures for notifying parents or legal guardians | 23 | | and early intervention procedures based upon available | 24 | | community-based and district resources. | 25 | | The State Board of Education shall draft and publish | 26 | | guidance for evidence-based early intervention procedures, |
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| 1 | | including examples, in consultation with behavioral health | 2 | | experts and in accordance with this Section. | 3 | | (Source: P.A. 99-456, eff. 9-15-16 .) | 4 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | 5 | | (Text of Section before amendment by P.A. 102-466 ) | 6 | | Sec. 10-22.6. Suspension or expulsion of students pupils ; | 7 | | school searches. | 8 | | (a) To expel students pupils guilty of gross disobedience | 9 | | or misconduct, including gross disobedience or misconduct | 10 | | perpetuated by electronic means, pursuant to subsection (b-20) | 11 | | of this Section, and no action shall lie against them for such | 12 | | expulsion. Expulsion shall take place only after the parents | 13 | | have been requested to appear at a meeting of the board, or | 14 | | with a hearing officer appointed by it, to discuss their | 15 | | child's behavior. Such request shall be made by registered or | 16 | | certified mail and shall state the time, place and purpose of | 17 | | the meeting. The board, or a hearing officer appointed by it, | 18 | | at such meeting shall state the reasons for dismissal and the | 19 | | date on which the expulsion is to become effective. If a | 20 | | hearing officer is appointed by the board, the hearing officer | 21 | | he shall report to the board a written summary of the evidence | 22 | | heard at the meeting and the board may take such action thereon | 23 | | as it finds appropriate. If the board acts to expel a student | 24 | | pupil , the written expulsion decision shall detail the | 25 | | specific reasons why removing the student pupil from the |
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| 1 | | learning environment is in the best interest of the school. | 2 | | The expulsion decision shall also include a rationale as to | 3 | | the specific duration of the expulsion. An expelled student | 4 | | pupil may be immediately transferred to an alternative program | 5 | | in the manner provided in Article 13A or 13B of this Code. A | 6 | | student pupil must not be denied transfer because of the | 7 | | expulsion, except in cases in which such transfer is deemed to | 8 | | cause a threat to the safety of students or staff in the | 9 | | alternative program. Nothing in this subsection (a) precludes | 10 | | a suspension under subsection (b). | 11 | | (b) To suspend or by policy to authorize the | 12 | | superintendent of the district or the principal, assistant | 13 | | principal, or dean of students of any school to suspend | 14 | | students pupils guilty of gross disobedience or misconduct, or | 15 | | to suspend students pupils guilty of gross disobedience or | 16 | | misconduct on the school bus from riding the school bus, | 17 | | pursuant to subsections (b-15) and (b-20) of this Section, and | 18 | | no action shall lie against them for such suspension. The | 19 | | board may by policy authorize the superintendent of the | 20 | | district or the principal, assistant principal, or dean of | 21 | | students of any school to suspend students pupils guilty of | 22 | | such acts for a period not to exceed 10 school days. If a | 23 | | student pupil is suspended due to gross disobedience or | 24 | | misconduct on a school bus, the board may suspend the student | 25 | | from riding the school bus pupil in excess of 10 school days | 26 | | for safety reasons. |
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| 1 | | Any suspension shall be reported immediately to the | 2 | | parents or guardian of a student pupil along with a full | 3 | | statement of the reasons for such suspension and a notice of | 4 | | their right to a review. The school board must be given a | 5 | | summary of the notice, including the reason for the suspension | 6 | | and the suspension length. Upon request of the parents or | 7 | | guardian, the school board or a hearing officer appointed by | 8 | | it shall review such action of the superintendent or | 9 | | principal, assistant principal, or dean of students. At such | 10 | | review, the parents or guardian of the student pupil may | 11 | | appear and discuss the suspension with the board or its | 12 | | hearing officer. If a hearing officer is appointed by the | 13 | | board, he shall report to the board a written summary of the | 14 | | evidence heard at the meeting. After its hearing or upon | 15 | | receipt of the written report of its hearing officer, the | 16 | | board may take such action as it finds appropriate. If a | 17 | | student is suspended pursuant to this subsection (b), the | 18 | | board shall, in the written suspension decision, detail the | 19 | | specific act of gross disobedience or misconduct resulting in | 20 | | the decision to suspend. The suspension decision shall also | 21 | | include a rationale as to the specific duration of the | 22 | | suspension. A pupil who is suspended in excess of 20 school | 23 | | days may be immediately transferred to an alternative program | 24 | | in the manner provided in Article 13A or 13B of this Code. A | 25 | | student pupil must not be denied transfer because of the | 26 | | suspension, except in cases in which such transfer is deemed |
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| 1 | | to cause a threat to the safety of students or school personnel | 2 | | 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 and should only be used when the student's | 7 | | presence poses a threat to the operation of the school, poses a | 8 | | threat to the health or safety of students or school | 9 | | personnel, or causes a disruption to other students' learning | 10 | | opportunities . School officials shall limit the number and | 11 | | duration of expulsions and suspensions to the greatest extent | 12 | | practicable, and it is recommended that they use them only for | 13 | | legitimate educational purposes. To ensure that students are | 14 | | not excluded from school unnecessarily, it is recommended that | 15 | | school officials consider implementing proactive | 16 | | evidence-based interventions, as defined in subsection (d) of | 17 | | Section 10-20.14, that improve behavioral outcomes for all | 18 | | students. In addition, it is recommended that school officials | 19 | | consider forms of non-exclusionary discipline , if appropriate, | 20 | | prior to using out-of-school suspensions or expulsions. Forms | 21 | | of non-exclusionary discipline include, but are not limited | 22 | | to, in-school suspensions that allow students to continue | 23 | | academic instruction in an alternative environment, | 24 | | restorative practices, and small-group instruction on behavior | 25 | | management strategies. | 26 | | (b-10) Unless otherwise required by federal law or this |
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| 1 | | Code, school boards may not institute zero-tolerance policies | 2 | | by which school administrators are required to suspend or | 3 | | expel students for particular behaviors. | 4 | | (b-15) Out-of-school suspensions of 3 days or less may be | 5 | | used only if the student's conduct poses a threat to the | 6 | | operation of the school, poses a threat to the health or safety | 7 | | of students or school personnel, continuing presence in school | 8 | | would pose a threat to school safety or causes a disruption to | 9 | | other students' learning opportunities. For purposes of this | 10 | | subsection (b-15), the school board or its designee shall be | 11 | | solely responsible for determining, "threat to school safety | 12 | | or a disruption to other students' learning opportunities" | 13 | | shall be determined on a case-by-case basis , whether the | 14 | | student's conduct poses a threat to the operation of the | 15 | | school, poses a threat to the health or safety of students or | 16 | | school personnel, or causes a disruption to other students' | 17 | | learning opportunities by the school board or its designee . | 18 | | School officials shall make all reasonable efforts to resolve | 19 | | such threats, address such disruptions, and minimize the | 20 | | length of suspensions to the greatest extent practicable . | 21 | | (b-20) Unless otherwise required by this Code, | 22 | | out-of-school suspensions of longer than 3 days, expulsions, | 23 | | and disciplinary removals to alternative schools may be used | 24 | | only if other appropriate and available behavioral and | 25 | | disciplinary interventions have been attempted exhausted and | 26 | | the student's conduct poses a threat to the operation of the |
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| 1 | | school, poses a threat to the health or safety of students or | 2 | | school personnel, or causes a disruption to other students' | 3 | | learning opportunities continuing presence in school would | 4 | | either (i) pose a threat to the safety of other students, | 5 | | staff, or members of the school community or (ii) | 6 | | substantially disrupt, impede, or interfere with the operation | 7 | | of the school . For purposes of this subsection (b-20), the | 8 | | determination of whether the student's conduct poses a threat | 9 | | to the operation of the school, poses a threat to the health or | 10 | | safety of students or school personnel, or causes a disruption | 11 | | to other students' learning opportunities "threat to the | 12 | | safety of other students, staff, or members of the school | 13 | | community" and "substantially disrupt, impede, or interfere | 14 | | with the operation of the school" shall be made determined on a | 15 | | case-by-case basis and solely by school authorities officials . | 16 | | For purposes of this subsection (b-20), the determination of | 17 | | whether " appropriate and available behavioral and disciplinary | 18 | | interventions have been attempted exhausted" shall be made on | 19 | | a case-by-case basis and solely by school authorities | 20 | | officials . School officials shall make all reasonable efforts | 21 | | to resolve such threats, address such disruptions, and | 22 | | minimize the length of student exclusions to the greatest | 23 | | extent practicable . Within the suspension decision described | 24 | | in subsection (b) of this Section or the expulsion decision | 25 | | described in subsection (a) of this Section, it shall be | 26 | | documented whether other interventions were attempted or |
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| 1 | | whether it was determined that there were no other appropriate | 2 | | and available interventions. | 3 | | (b-25) Students who are suspended out-of-school for longer | 4 | | than 3 4 school days shall be provided appropriate and | 5 | | available support services during the period of their | 6 | | suspension. For purposes of this subsection (b-25), | 7 | | "appropriate and available support services" shall be | 8 | | determined solely by school authorities. Within the suspension | 9 | | decision described in subsection (b) of this Section, it shall | 10 | | be documented whether such services are to be provided or | 11 | | whether it was determined that there are no such appropriate | 12 | | and available services. | 13 | | A school district may refer students who are expelled to | 14 | | appropriate and available support services. | 15 | | A school district shall create a policy to facilitate the | 16 | | re-engagement of students who are suspended out-of-school | 17 | | longer than 3 days , expelled, or returning from an alternative | 18 | | school setting. | 19 | | The State Board of Education shall draft and publish | 20 | | guidance for the re-engagement of students who are suspended | 21 | | out-of-school, expelled, or returning from an alternative | 22 | | school setting in accordance with this Section and Section | 23 | | 13A-4. | 24 | | (b-30) A school district shall create a policy by which | 25 | | suspended students pupils , including those students pupils | 26 | | suspended from the school bus who do not have alternate |
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| 1 | | transportation to school, shall have the opportunity to make | 2 | | up work for equivalent academic credit. It shall be the | 3 | | responsibility of a student's pupil's parent or guardian to | 4 | | notify school officials that a student pupil suspended from | 5 | | the school bus does not have alternate transportation to | 6 | | school. | 7 | | (c) A school board must invite a representative from a | 8 | | local mental health agency to consult with the board at the | 9 | | meeting whenever there is evidence that mental illness may be | 10 | | the cause of a student's expulsion or suspension. | 11 | | (c-5) A school district School districts shall make | 12 | | reasonable efforts to provide ongoing professional development | 13 | | to all school personnel teachers, administrators , school board | 14 | | members, and school resource officers, and staff on the | 15 | | requirements of this Section and Section 10-20.14, the adverse | 16 | | consequences of school exclusion and justice-system | 17 | | involvement, effective classroom management strategies, | 18 | | culturally responsive discipline, trauma-responsive learning | 19 | | environments, as defined in subsection (b) of Section 3-11, | 20 | | the appropriate and available supportive services for the | 21 | | promotion of student attendance and engagement, and | 22 | | developmentally appropriate disciplinary methods that promote | 23 | | positive and healthy school climates. | 24 | | (d) The board may expel a student for a definite period of | 25 | | time not to exceed 2 calendar years, as determined on a | 26 | | case-by-case basis. A student who is determined to have |
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| 1 | | brought one of the following objects to school, any | 2 | | school-sponsored activity or event, or any activity or event | 3 | | that bears a reasonable relationship to school shall be | 4 | | expelled for a period of not less than one year: | 5 | | (1) A firearm. For the purposes of this Section, | 6 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 7 | | by Section 921 of Title 18 of the United States Code, | 8 | | firearm as defined in Section 1.1 of the Firearm Owners | 9 | | Identification Card Act, or firearm as defined in Section | 10 | | 24-1 of the Criminal Code of 2012. The expulsion period | 11 | | under this subdivision (1) may be modified by the | 12 | | superintendent, and the superintendent's determination may | 13 | | be modified by the board on a case-by-case basis. | 14 | | (2) A knife, brass knuckles or other knuckle weapon | 15 | | regardless of its composition, a billy club, or any other | 16 | | object if used or attempted to be used to cause bodily | 17 | | harm, including "look alikes" of any firearm as defined in | 18 | | subdivision (1) of this subsection (d). The expulsion | 19 | | requirement under this subdivision (2) may be modified by | 20 | | the superintendent, and the superintendent's determination | 21 | | may be modified by the board on a case-by-case basis. | 22 | | Expulsion or suspension shall be construed in a manner | 23 | | consistent with the federal Individuals with Disabilities | 24 | | Education Act. A student who is subject to suspension or | 25 | | expulsion as provided in this Section may be eligible for a | 26 | | transfer to an alternative school program in accordance with |
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| 1 | | Article 13A of the School Code. | 2 | | (d-5) The board may suspend or by regulation authorize the | 3 | | superintendent of the district or the principal, assistant | 4 | | principal, or dean of students of any school to suspend a | 5 | | student for a period not to exceed 10 school days or may expel | 6 | | a student for a definite period of time not to exceed 2 | 7 | | calendar years, as determined on a case-by-case basis, if (i) | 8 | | that student has been determined to have made an explicit | 9 | | threat on an Internet website against a school employee, a | 10 | | student, or any school-related personnel, (ii) the Internet | 11 | | website through which the threat was made is a site that was | 12 | | accessible within the school at the time the threat was made or | 13 | | was available to third parties who worked or studied within | 14 | | the school grounds at the time the threat was made, and (iii) | 15 | | the threat could be reasonably interpreted as threatening to | 16 | | the safety and security of the threatened individual because | 17 | | of the individual's his or her duties or employment status or | 18 | | status as a student inside the school. | 19 | | (e) To maintain order and security in the schools, school | 20 | | authorities may inspect and search places and areas such as | 21 | | lockers, desks, parking lots, and other school property and | 22 | | equipment owned or controlled by the school, as well as | 23 | | personal effects left in those places and areas by students, | 24 | | without notice to or the consent of the student, and without a | 25 | | search warrant. As a matter of public policy, the General | 26 | | Assembly finds that students have no reasonable expectation of |
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| 1 | | privacy in these places and areas or in their personal effects | 2 | | left in these places and areas. School authorities may request | 3 | | the assistance of law enforcement officials for the purpose of | 4 | | conducting inspections and searches of lockers, desks, parking | 5 | | lots, and other school property and equipment owned or | 6 | | controlled by the school for illegal drugs, weapons, or other | 7 | | illegal or dangerous substances or materials, including | 8 | | searches conducted through the use of specially trained dogs. | 9 | | If a search conducted in accordance with this Section produces | 10 | | evidence that the student has violated or is violating either | 11 | | the law, local ordinance, or the school's policies or rules, | 12 | | such evidence may be seized by school authorities, and | 13 | | disciplinary action may be taken. School authorities may also | 14 | | turn over such evidence to law enforcement authorities. | 15 | | (f) Suspension or expulsion may include suspension or | 16 | | expulsion from school and all school activities and a | 17 | | prohibition from being present on school grounds. | 18 | | (g) A school district may adopt a policy providing that if | 19 | | a student is suspended or expelled for any reason from any | 20 | | public or private school in this or any other state, the | 21 | | student must complete the entire term of the suspension or | 22 | | expulsion in an alternative school program under Article 13A | 23 | | of this Code or an alternative learning opportunities program | 24 | | under Article 13B of this Code before being admitted into the | 25 | | school district if there is no threat to the safety of students | 26 | | or staff in the alternative program. |
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| 1 | | (h) School officials shall not advise or encourage | 2 | | students to drop out voluntarily due to behavioral or academic | 3 | | difficulties. | 4 | | (i) A student may not be issued a monetary fine or fee as a | 5 | | disciplinary consequence, though this shall not preclude | 6 | | requiring a student to provide restitution for lost, stolen, | 7 | | or damaged property. | 8 | | (j) Subsections (a) through (i) of this Section shall | 9 | | apply to elementary and secondary schools, charter schools, | 10 | | special charter districts, and school districts organized | 11 | | under Article 34 of this Code. | 12 | | (k) The expulsion of students children enrolled in | 13 | | programs funded under Section 1C-2 of this Code is subject to | 14 | | the requirements under paragraph (7) of subsection (a) of | 15 | | Section 2-3.71 of this Code. | 16 | | (l) An Beginning with the 2018-2019 school year, an | 17 | | in-school suspension program provided by a school district for | 18 | | any students in kindergarten through grade 12 may focus on | 19 | | promoting non-violent conflict resolution and positive | 20 | | interaction with other students and school personnel. A school | 21 | | district may employ a school social worker or a licensed | 22 | | mental health professional to oversee an in-school suspension | 23 | | program in kindergarten through grade 12. | 24 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | 25 | | 102-813, eff. 5-13-22.) |
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| 1 | | (Text of Section after amendment by P.A. 102-466 ) | 2 | | Sec. 10-22.6. Suspension or expulsion of students pupils ; | 3 | | school searches. | 4 | | (a) To expel students pupils guilty of gross disobedience | 5 | | or misconduct, including gross disobedience or misconduct | 6 | | perpetuated by electronic means, pursuant to subsection (b-20) | 7 | | of this Section, and no action shall lie against them for such | 8 | | expulsion. Expulsion shall take place only after the parents | 9 | | or guardians have been requested to appear at a meeting of the | 10 | | board, or with a hearing officer appointed by it, to discuss | 11 | | their child's behavior. Such request shall be made by | 12 | | registered or certified mail and shall state the time, place | 13 | | and purpose of the meeting. The board, or a hearing officer | 14 | | appointed by it, at such meeting shall state the reasons for | 15 | | dismissal and the date on which the expulsion is to become | 16 | | effective. If a hearing officer is appointed by the board, the | 17 | | hearing officer he shall report to the board a written summary | 18 | | of the evidence heard at the meeting and the board may take | 19 | | such action thereon as it finds appropriate. If the board acts | 20 | | to expel a student pupil , the written expulsion decision shall | 21 | | detail the specific reasons why removing the student pupil | 22 | | from the learning environment is in the best interest of the | 23 | | school. The expulsion decision shall also include a rationale | 24 | | as to the specific duration of the expulsion. An expelled | 25 | | student pupil may be immediately transferred to an alternative | 26 | | program in the manner provided in Article 13A or 13B of this |
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| 1 | | Code. A student pupil must not be denied transfer because of | 2 | | the expulsion, except in cases in which such transfer is | 3 | | deemed to cause a threat to the safety of students or staff in | 4 | | the alternative program. Nothing in this subsection (a) | 5 | | precludes a suspension under subsection (b). | 6 | | (b) To suspend or by policy to authorize the | 7 | | superintendent of the district or the principal, assistant | 8 | | principal, or dean of students of any school to suspend | 9 | | students pupils guilty of gross disobedience or misconduct, or | 10 | | to suspend students pupils guilty of gross disobedience or | 11 | | misconduct on the school bus from riding the school bus, | 12 | | pursuant to subsections (b-15) and (b-20) of this Section, and | 13 | | no action shall lie against them for such suspension. The | 14 | | board may by policy authorize the superintendent of the | 15 | | district or the principal, assistant principal, or dean of | 16 | | students of any school to suspend students pupils guilty of | 17 | | such acts for a period not to exceed 10 school days. If a | 18 | | student pupil is suspended due to gross disobedience or | 19 | | misconduct on a school bus, the board may suspend the student | 20 | | from riding the school bus pupil in excess of 10 school days | 21 | | for safety reasons. | 22 | | Any suspension shall be reported immediately to the | 23 | | parents or guardians of a student pupil along with a full | 24 | | statement of the reasons for such suspension and a notice of | 25 | | their right to a review. The school board must be given a | 26 | | summary of the notice, including the reason for the suspension |
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| 1 | | and the suspension length. Upon request of the parents or | 2 | | guardians, the school board or a hearing officer appointed by | 3 | | it shall review such action of the superintendent or | 4 | | principal, assistant principal, or dean of students. At such | 5 | | review, the parents or guardians of the student pupil may | 6 | | appear and discuss the suspension with the board or its | 7 | | hearing officer. If a hearing officer is appointed by the | 8 | | board, he shall report to the board a written summary of the | 9 | | evidence heard at the meeting. After its hearing or upon | 10 | | receipt of the written report of its hearing officer, the | 11 | | board may take such action as it finds appropriate. If a | 12 | | student is suspended pursuant to this subsection (b), the | 13 | | board shall, in the written suspension decision, detail the | 14 | | specific act of gross disobedience or misconduct resulting in | 15 | | the decision to suspend. The suspension decision shall also | 16 | | include a rationale as to the specific duration of the | 17 | | suspension. A pupil who is suspended in excess of 20 school | 18 | | days may be immediately transferred to an alternative program | 19 | | in the manner provided in Article 13A or 13B of this Code. A | 20 | | student pupil must not be denied transfer because of the | 21 | | suspension, except in cases in which such transfer is deemed | 22 | | to cause a threat to the safety of students or school personnel | 23 | | staff in the alternative program. | 24 | | (b-5) Among the many possible disciplinary interventions | 25 | | and consequences available to school officials, school | 26 | | exclusions, such as out-of-school suspensions and expulsions, |
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| 1 | | are the most serious and should only be used when the student's | 2 | | presence poses a threat to the operation of the school, poses a | 3 | | threat to the health or safety of students or school | 4 | | personnel, or causes a disruption to other students' learning | 5 | | opportunities . School officials shall limit the number and | 6 | | duration of expulsions and suspensions to the greatest extent | 7 | | practicable, and it is recommended that they use them only for | 8 | | legitimate educational purposes. To ensure that students are | 9 | | not excluded from school unnecessarily, it is recommended that | 10 | | school officials consider implementing proactive | 11 | | evidence-based interventions, as defined in subsection (d) of | 12 | | Section 10-20.14, that improve behavioral outcomes for all | 13 | | students. In addition, it is recommended that school officials | 14 | | consider forms of non-exclusionary discipline , if appropriate, | 15 | | prior to using out-of-school suspensions or expulsions. Forms | 16 | | of non-exclusionary discipline include, but are not limited | 17 | | to, in-school suspensions that allow students to continue | 18 | | academic instruction in an alternative environment, | 19 | | restorative practices, and small-group instruction on behavior | 20 | | management strategies. | 21 | | (b-10) Unless otherwise required by federal law or this | 22 | | Code, school boards may not institute zero-tolerance policies | 23 | | by which school administrators are required to suspend or | 24 | | expel students for particular behaviors. | 25 | | (b-15) Out-of-school suspensions of 3 days or less may be | 26 | | used only if the student's conduct poses a threat to the |
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| 1 | | operation of the school, poses a threat to the health or safety | 2 | | of students or school personnel, continuing presence in school | 3 | | would pose a threat to school safety or causes a disruption to | 4 | | other students' learning opportunities. For purposes of this | 5 | | subsection (b-15), the school board or its designee shall be | 6 | | solely responsible for determining, "threat to school safety | 7 | | or a disruption to other students' learning opportunities" | 8 | | shall be determined on a case-by-case basis , whether the | 9 | | student's conduct poses a threat to the operation of the | 10 | | school, poses a threat to the health or safety of students or | 11 | | school personnel, or causes a disruption to other students' | 12 | | learning opportunities by the school board or its designee . | 13 | | School officials shall make all reasonable efforts to resolve | 14 | | such threats, address such disruptions, and minimize the | 15 | | length of suspensions to the greatest extent practicable . | 16 | | (b-20) Unless otherwise required by this Code, | 17 | | out-of-school suspensions of longer than 3 days, expulsions, | 18 | | and disciplinary removals to alternative schools may be used | 19 | | only if other appropriate and available behavioral and | 20 | | disciplinary interventions have been attempted exhausted and | 21 | | the student's conduct poses a threat to the operation of the | 22 | | school, poses a threat to the health or safety of students or | 23 | | school personnel, or causes a disruption to other students' | 24 | | learning opportunities continuing presence in school would | 25 | | either (i) pose a threat to the safety of other students, | 26 | | staff, or members of the school community or (ii) |
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| 1 | | substantially disrupt, impede, or interfere with the operation | 2 | | of the school . For purposes of this subsection (b-20), the | 3 | | determination of whether the student's conduct poses a threat | 4 | | to the operation of the school, poses a threat to the health or | 5 | | safety of students or school personnel, or causes a disruption | 6 | | to other students' learning opportunities "threat to the | 7 | | safety of other students, staff, or members of the school | 8 | | community" and "substantially disrupt, impede, or interfere | 9 | | with the operation of the school" shall be made determined on a | 10 | | case-by-case basis and solely by school authorities officials . | 11 | | For purposes of this subsection (b-20), the determination of | 12 | | whether " appropriate and available behavioral and disciplinary | 13 | | interventions have been attempted exhausted" shall be made on | 14 | | a case-by-case basis and solely by school authorities | 15 | | officials . School officials shall make all reasonable efforts | 16 | | to resolve such threats, address such disruptions, and | 17 | | minimize the length of student exclusions to the greatest | 18 | | extent practicable . Within the suspension decision described | 19 | | in subsection (b) of this Section or the expulsion decision | 20 | | described in subsection (a) of this Section, it shall be | 21 | | documented whether other interventions were attempted or | 22 | | whether it was determined that there were no other appropriate | 23 | | and available interventions. | 24 | | (b-25) Students who are suspended out-of-school for longer | 25 | | than 3 4 school days shall be provided appropriate and | 26 | | available support services during the period of their |
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| 1 | | suspension. For purposes of this subsection (b-25), | 2 | | "appropriate and available support services" shall be | 3 | | determined solely by school authorities. Within the suspension | 4 | | decision described in subsection (b) of this Section, it shall | 5 | | be documented whether such services are to be provided or | 6 | | whether it was determined that there are no such appropriate | 7 | | and available services. | 8 | | A school district may refer students who are expelled to | 9 | | appropriate and available support services. | 10 | | A school district shall create a policy to facilitate the | 11 | | re-engagement of students who are suspended out-of-school | 12 | | longer than 3 days , expelled, or returning from an alternative | 13 | | school setting. | 14 | | The State Board of Education shall draft and publish | 15 | | guidance for the re-engagement of students who are suspended | 16 | | out-of-school, expelled, or returning from an alternative | 17 | | school setting in accordance with this Section and Section | 18 | | 13A-4. | 19 | | (b-30) A school district shall create a policy by which | 20 | | suspended students pupils , including those students pupils | 21 | | suspended from the school bus who do not have alternate | 22 | | transportation to school, shall have the opportunity to make | 23 | | up work for equivalent academic credit. It shall be the | 24 | | responsibility of a student's pupil's parents or guardians to | 25 | | notify school officials that a student pupil suspended from | 26 | | the school bus does not have alternate transportation to |
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| 1 | | 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) A school district School districts shall make | 17 | | reasonable efforts to provide ongoing professional development | 18 | | to all school personnel teachers, administrators , school board | 19 | | members, and school resource officers , and staff on the | 20 | | requirements of this Section and Section 10-20.14, the adverse | 21 | | consequences of school exclusion and justice-system | 22 | | involvement, effective classroom management strategies, | 23 | | culturally responsive discipline, trauma-responsive learning | 24 | | environments, as defined in subsection (b) of Section 3-11, | 25 | | the appropriate and available supportive services for the | 26 | | promotion of student attendance and engagement, and |
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| 1 | | developmentally appropriate disciplinary methods that promote | 2 | | positive and healthy school climates. | 3 | | (d) The board may expel a student for a definite period of | 4 | | time not to exceed 2 calendar years, as determined on a | 5 | | case-by-case basis. A student who is determined to have | 6 | | brought one of the following objects to school, any | 7 | | school-sponsored activity or event, or any activity or event | 8 | | that bears a reasonable relationship to school shall be | 9 | | expelled for a period of not less than one year: | 10 | | (1) A firearm. For the purposes of this Section, | 11 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 12 | | by Section 921 of Title 18 of the United States Code, | 13 | | firearm as defined in Section 1.1 of the Firearm Owners | 14 | | Identification Card Act, or firearm as defined in Section | 15 | | 24-1 of the Criminal Code of 2012. The expulsion period | 16 | | under this subdivision (1) may be modified by the | 17 | | superintendent, and the superintendent's determination may | 18 | | be modified by the board on a case-by-case basis. | 19 | | (2) A knife, brass knuckles or other knuckle weapon | 20 | | regardless of its composition, a billy club, or any other | 21 | | object if used or attempted to be used to cause bodily | 22 | | harm, including "look alikes" of any firearm as defined in | 23 | | subdivision (1) of this subsection (d). The expulsion | 24 | | requirement under this subdivision (2) may be modified by | 25 | | the superintendent, and the superintendent's determination | 26 | | may be modified by the board on a case-by-case basis. |
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| 1 | | Expulsion or suspension shall be construed in a manner | 2 | | consistent with the federal Individuals with Disabilities | 3 | | Education Act. A student who is subject to suspension or | 4 | | expulsion as provided in this Section may be eligible for a | 5 | | transfer to an alternative school program in accordance with | 6 | | Article 13A of the School Code. | 7 | | (d-5) The board may suspend or by regulation authorize the | 8 | | superintendent of the district or the principal, assistant | 9 | | principal, or dean of students of any school to suspend a | 10 | | student for a period not to exceed 10 school days or may expel | 11 | | a student for a definite period of time not to exceed 2 | 12 | | calendar years, as determined on a case-by-case basis, if (i) | 13 | | that student has been determined to have made an explicit | 14 | | threat on an Internet website against a school employee, a | 15 | | student, or any school-related personnel, (ii) the Internet | 16 | | website through which the threat was made is a site that was | 17 | | accessible within the school at the time the threat was made or | 18 | | was available to third parties who worked or studied within | 19 | | the school grounds at the time the threat was made, and (iii) | 20 | | the threat could be reasonably interpreted as threatening to | 21 | | the safety and security of the threatened individual because | 22 | | of the individual's his or her duties or employment status or | 23 | | status as a student inside the school. | 24 | | (e) To maintain order and security in the schools, school | 25 | | authorities may inspect and search places and areas such as | 26 | | lockers, desks, parking lots, and other school property and |
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| 1 | | equipment owned or controlled by the school, as well as | 2 | | personal effects left in those places and areas by students, | 3 | | without notice to or the consent of the student, and without a | 4 | | search warrant. As a matter of public policy, the General | 5 | | Assembly finds that students have no reasonable expectation of | 6 | | privacy in these places and areas or in their personal effects | 7 | | left in these places and areas. School authorities may request | 8 | | the assistance of law enforcement officials for the purpose of | 9 | | conducting inspections and searches of lockers, desks, parking | 10 | | lots, and other school property and equipment owned or | 11 | | controlled by the school for illegal drugs, weapons, or other | 12 | | illegal or dangerous substances or materials, including | 13 | | searches conducted through the use of specially trained dogs. | 14 | | If a search conducted in accordance with this Section produces | 15 | | evidence that the student has violated or is violating either | 16 | | the law, local ordinance, or the school's policies or rules, | 17 | | such evidence may be seized by school authorities, and | 18 | | disciplinary action may be taken. School authorities may also | 19 | | turn over such evidence to law enforcement authorities. | 20 | | (f) Suspension or expulsion may include suspension or | 21 | | expulsion from school and all school activities and a | 22 | | prohibition from being present on school grounds. | 23 | | (g) A school district may adopt a policy providing that if | 24 | | a student is suspended or expelled for any reason from any | 25 | | public or private school in this or any other state, the | 26 | | student must complete the entire term of the suspension or |
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| 1 | | expulsion in an alternative school program under Article 13A | 2 | | of this Code or an alternative learning opportunities program | 3 | | under Article 13B of this Code before being admitted into the | 4 | | school district if there is no threat to the safety of students | 5 | | or staff in the alternative program. A school district that | 6 | | adopts a policy under this subsection (g) must include a | 7 | | provision allowing for consideration of any mitigating | 8 | | factors, including, but not limited to, a student's status as | 9 | | a parent, expectant parent, or victim of domestic or sexual | 10 | | violence, as defined in Article 26A. | 11 | | (h) School officials shall not advise or encourage | 12 | | students to drop out voluntarily due to behavioral or academic | 13 | | difficulties. | 14 | | (i) A student may not be issued a monetary fine or fee as a | 15 | | disciplinary consequence, though this shall not preclude | 16 | | requiring a student to provide restitution for lost, stolen, | 17 | | or damaged property. | 18 | | (j) Subsections (a) through (i) of this Section shall | 19 | | apply to elementary and secondary schools, charter schools, | 20 | | special charter districts, and school districts organized | 21 | | under Article 34 of this Code. | 22 | | (k) The expulsion of students children enrolled in | 23 | | programs funded under Section 1C-2 of this Code is subject to | 24 | | the requirements under paragraph (7) of subsection (a) of | 25 | | Section 2-3.71 of this Code. | 26 | | (l) An Beginning with the 2018-2019 school year, an |
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| 1 | | in-school suspension program provided by a school district for | 2 | | any students in kindergarten through grade 12 may focus on | 3 | | promoting non-violent conflict resolution and positive | 4 | | interaction with other students and school personnel. A school | 5 | | district may employ a school social worker or a licensed | 6 | | mental health professional to oversee an in-school suspension | 7 | | program in kindergarten through grade 12. | 8 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | 9 | | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | 10 | | Section 95. No acceleration or delay. Where this Act makes | 11 | | changes in a statute that is represented in this Act by text | 12 | | that is not yet or no longer in effect (for example, a Section | 13 | | represented by multiple versions), the use of that text does | 14 | | not accelerate or delay the taking effect of (i) the changes | 15 | | made by this Act or (ii) provisions derived from any other | 16 | | Public Act. | 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.". |
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