Full Text of HB3281 097th General Assembly
HB3281enr 97TH GENERAL ASSEMBLY |
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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 Sections | 5 | | 10-22.6 and 34-19 as follows:
| 6 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
| 7 | | Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 | | searches.
| 9 | | (a) To expel pupils guilty of gross disobedience or | 10 | | misconduct, including gross disobedience or misconduct | 11 | | perpetuated by electronic means, and
no action shall lie | 12 | | against them for such expulsion. Expulsion shall
take place | 13 | | only after the parents have been requested to appear at a
| 14 | | meeting of the board, or with a hearing officer appointed by | 15 | | it, to
discuss their child's behavior. Such request shall be | 16 | | made by registered
or certified mail and shall state the time, | 17 | | place and purpose of the
meeting. The board, or a hearing | 18 | | officer appointed by it, at such
meeting shall state the | 19 | | reasons for dismissal and the date on which the
expulsion is to | 20 | | become effective. If a hearing officer is appointed by
the | 21 | | board he shall report to the board a written summary of the | 22 | | evidence
heard at the meeting and the board may take such | 23 | | action thereon as it
finds appropriate.
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| 1 | | (b) To suspend or by policy to authorize the superintendent | 2 | | of
the district or the principal, assistant principal, or dean | 3 | | of students
of any school to suspend pupils guilty of gross | 4 | | disobedience or misconduct, or
to suspend pupils guilty of | 5 | | gross disobedience or misconduct on the school bus
from riding | 6 | | the school bus, and no action
shall lie against them for such | 7 | | suspension. The board may by policy
authorize the | 8 | | superintendent of the district or the principal, assistant
| 9 | | principal, or dean of students of any
school to suspend pupils | 10 | | guilty of such acts for a period not to exceed
10 school days. | 11 | | If a pupil is suspended due to gross disobedience or misconduct
| 12 | | on a school bus, the board may suspend the pupil in excess of | 13 | | 10
school
days for safety reasons. Any suspension shall be | 14 | | reported immediately to the
parents or guardian of such pupil | 15 | | along with a full statement of the
reasons for such suspension | 16 | | and a notice of their right to a review. The school board must | 17 | | be given a summary of the notice, including the reason for the | 18 | | suspension and the suspension length. Upon request of the
| 19 | | parents or guardian the school board or a hearing officer | 20 | | appointed by
it shall review such action of the superintendent | 21 | | or principal, assistant
principal, or dean of students. At such
| 22 | | review the parents or guardian of the pupil may appear and | 23 | | discuss the
suspension with the board or its hearing officer. | 24 | | If a hearing officer
is appointed by the board he shall report | 25 | | to the board a written summary
of the evidence heard at the | 26 | | meeting. After its hearing or upon receipt
of the written |
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| 1 | | report of its hearing officer, the board may take such
action | 2 | | as it finds appropriate.
| 3 | | (c) The Department of Human Services
shall be invited to | 4 | | send a representative to consult with the board at
such meeting | 5 | | whenever there is evidence that mental illness may be the
cause | 6 | | for expulsion or suspension.
| 7 | | (d) The board may expel a student for a definite period of | 8 | | time not to
exceed 2 calendar years, as determined on a case by | 9 | | case basis.
A student who
is determined to have brought one of | 10 | | the following objects to school, any school-sponsored activity
| 11 | | or event, or any activity or event that bears a reasonable | 12 | | relationship to school shall be expelled for a period of not | 13 | | less than
one year: | 14 | | (1) A firearm. For the purposes of this Section, | 15 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 16 | | by Section 921 of Title 18 of the United States Code, | 17 | | firearm as defined in Section 1.1 of the Firearm Owners | 18 | | Identification Card Act, or firearm as defined in Section | 19 | | 24-1 of the Criminal Code of 1961. The expulsion period | 20 | | under this subdivision (1) may be modified by the | 21 | | superintendent, and the superintendent's determination may | 22 | | be modified by the board on a case-by-case basis. | 23 | | (2) A knife, brass knuckles or other knuckle weapon | 24 | | regardless of its composition, a billy club, or any other | 25 | | object if used or attempted to be used to cause bodily | 26 | | harm, including "look alikes" of any firearm as defined in |
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| 1 | | subdivision (1) of this subsection (d). The expulsion | 2 | | requirement under this subdivision (2) may be modified by | 3 | | the superintendent, and the superintendent's determination | 4 | | may be modified by the board on a case-by-case basis. | 5 | | Expulsion
or suspension
shall be construed in a
manner | 6 | | consistent with the Federal Individuals with Disabilities | 7 | | Education
Act. A student who is subject to suspension or | 8 | | expulsion as provided in this
Section may be eligible for a | 9 | | transfer to an alternative school program in
accordance with | 10 | | Article 13A of the School Code. The provisions of this
| 11 | | subsection (d) apply in all school districts,
including special | 12 | | charter districts and districts organized under Article 34.
| 13 | | (d-5) The board may suspend or by regulation
authorize the | 14 | | superintendent of the district or the principal, assistant
| 15 | | principal, or dean of students of any
school to suspend a | 16 | | student for a period not to exceed
10 school days or may expel | 17 | | a student for a definite period of time not to
exceed 2 | 18 | | calendar years, as determined on a case by case basis, if (i) | 19 | | that student has been determined to have made an explicit | 20 | | threat on an Internet website against a school employee, a | 21 | | student, or any school-related personnel, (ii) the Internet | 22 | | website through which the threat was made is a site that was | 23 | | accessible within the school at the time the threat was made or | 24 | | was available to third parties who worked or studied within the | 25 | | school grounds at the time the threat was made, and (iii) the | 26 | | threat could be reasonably interpreted as threatening to the |
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| 1 | | safety and security of the threatened individual because of his | 2 | | or her duties or employment status or status as a student | 3 | | inside the school. The provisions of this
subsection (d-5) | 4 | | apply in all school districts,
including special charter | 5 | | districts and districts organized under Article 34 of this | 6 | | Code.
| 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. The | 3 | | provisions of this subsection (e) apply in all
school | 4 | | districts, including special charter districts and districts | 5 | | organized
under Article 34.
| 6 | | (f) Suspension or expulsion may include suspension or | 7 | | expulsion from
school and all school activities and a | 8 | | prohibition from being present on school
grounds.
| 9 | | (g) A school district may adopt a policy providing that if | 10 | | a student
is suspended or expelled for any reason from any | 11 | | public or private school
in this or any other state, the | 12 | | student must complete the entire term of
the suspension or | 13 | | expulsion before being admitted into the school
district. This | 14 | | policy may allow placement of the student in an alternative
| 15 | | school program established under Article 13A of this Code, if | 16 | | available, for
the
remainder of the suspension or expulsion. | 17 | | This subsection (g) applies to
all school districts, including | 18 | | special charter districts and districts
organized under | 19 | | Article 34 of this Code.
| 20 | | (Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)
| 21 | | (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | 22 | | Sec. 34-19. By-laws, rules and regulations; business | 23 | | transacted at
regular meetings; voting; records. The board | 24 | | shall, subject to the limitations
in this Article, establish | 25 | | by-laws, rules and regulations, which shall have the
force of |
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| 1 | | ordinances, for the proper maintenance of a uniform system of
| 2 | | discipline for both employees and pupils, and for the entire | 3 | | management of the
schools, and may fix the school age of | 4 | | pupils, the minimum of which in
kindergartens shall not be | 5 | | under 4 years, except that, based upon an assessment of the | 6 | | child's readiness, children who have attended a non-public | 7 | | preschool and continued their education at that school through | 8 | | kindergarten, were taught in kindergarten by an appropriately | 9 | | certified teacher, and will attain the age of 6 years on or | 10 | | before December 31 of the year of the 2009-2010 school term and | 11 | | each school term thereafter may attend first grade upon | 12 | | commencement of such term, and in grade schools shall not be
| 13 | | under 6 years. It may expel, suspend or, subject to the | 14 | | limitations of all
policies established or adopted under | 15 | | Section 14-8.05, otherwise discipline any
pupil found guilty of | 16 | | gross disobedience, misconduct or other violation of the
| 17 | | by-laws, rules and regulations , including gross disobedience | 18 | | or misconduct perpetuated by electronic means . The bylaws, | 19 | | rules and regulations of the board
shall be enacted, money | 20 | | shall be appropriated or expended, salaries shall be
fixed or | 21 | | changed, and textbooks, electronic textbooks, and courses of | 22 | | instruction shall be adopted or
changed only at the regular | 23 | | meetings of the board and by a vote of a
majority of the full | 24 | | membership of the board; provided that
notwithstanding any | 25 | | other provision of this Article or the School Code,
neither the | 26 | | board or any local school council may purchase any textbook for |
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| 1 | | use in any public school of the
district from any textbook | 2 | | publisher that fails to furnish any computer
diskettes as | 3 | | required under Section 28-21. Funds appropriated for textbook | 4 | | purchases must be available for electronic textbook purchases | 5 | | and the technological equipment necessary to gain access to and | 6 | | use electronic textbooks at the local school council's | 7 | | discretion. The board shall be further
encouraged to provide | 8 | | opportunities for public hearing and testimony before
the | 9 | | adoption of bylaws, rules and regulations. Upon all | 10 | | propositions
requiring for their adoption at least a majority | 11 | | of all the members of the
board the yeas and nays shall be | 12 | | taken and reported. The by-laws, rules and
regulations of the | 13 | | board shall not be repealed, amended or added to, except
by a | 14 | | vote of 2/3 of the full membership of the board. The board | 15 | | shall keep
a record of all its proceedings. Such records and | 16 | | all
by-laws, rules and regulations, or parts thereof, may be | 17 | | proved by a copy
thereof certified to be such by the secretary | 18 | | of the board, but if they are
printed in book or pamphlet form | 19 | | which are purported to be published by
authority of the board | 20 | | they need not be otherwise published and the book or
pamphlet | 21 | | shall be received as evidence, without further proof, of the
| 22 | | records, by-laws, rules and regulations, or any part thereof, | 23 | | as of the
dates thereof as shown in such book or pamphlet, in | 24 | | all courts and places
where judicial proceedings are had. | 25 | | Notwithstanding any other provision in this Article or in | 26 | | the School
Code, the board may delegate to the general |
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| 1 | | superintendent or to the
attorney the authorities granted to | 2 | | the board in the School Code, provided
such delegation and | 3 | | appropriate oversight procedures are made pursuant to
board | 4 | | by-laws, rules and regulations, adopted as herein provided, | 5 | | except that
the board may not delegate its authorities and | 6 | | responsibilities regarding (1)
budget approval obligations; | 7 | | (2) rule-making functions; (3) desegregation
obligations; (4) | 8 | | real estate acquisition, sale or lease in excess of 10 years
as | 9 | | provided in Section 34-21; (5) the levy of taxes; or (6) any | 10 | | mandates
imposed upon the board by "An Act in relation to | 11 | | school reform in cities over
500,000, amending Acts herein | 12 | | named", approved December 12, 1988 (P.A.
85-1418). | 13 | | (Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)
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