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90_HB2844sam002
LRB9008869NTsbam03
1 AMENDMENT TO HOUSE BILL 2844
2 AMENDMENT NO. . Amend House Bill 2844, AS AMENDED,
3 in the introductory clause of Section 5, by replacing "19-1"
4 with "10-22.6, 19-1,"; and
5 immediately below the introductory clause of Section 5, by
6 inserting the following:
7 "(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
8 Sec. 10-22.6. Suspension or expulsion of pupils; school
9 searches.
10 (a) To expel pupils guilty of gross disobedience or
11 misconduct, 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 he shall report to
21 the board a written summary of the evidence heard at the
22 meeting and the board may take such action thereon as it
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1 finds appropriate.
2 (b) To suspend or by regulation to authorize the
3 superintendent of the district or the principal, assistant
4 principal, or dean of students of any school to suspend
5 pupils guilty of gross disobedience or misconduct, or to
6 suspend pupils guilty of gross disobedience or misconduct on
7 the school bus from riding the school bus, and no action
8 shall lie against them for such suspension. The board may by
9 regulation authorize the superintendent of the district or
10 the principal, assistant principal, or dean of students of
11 any school to suspend pupils guilty of such acts for a period
12 not to exceed 10 school days. If a pupil is suspended due to
13 gross disobedience or misconduct on a school bus, the board
14 may suspend the pupil in excess of 10 school days for safety
15 reasons. Any suspension shall be reported immediately to the
16 parents or guardian of such pupil along with a full statement
17 of the reasons for such suspension and a notice of their
18 right to a review, a copy of which shall be given to the
19 school board. Upon request of the parents or guardian the
20 school board or a hearing officer appointed by it shall
21 review such action of the superintendent or principal,
22 assistant principal, or dean of students. At such review the
23 parents or guardian of the pupil may appear and discuss the
24 suspension with the board or its hearing officer. If a
25 hearing officer is appointed by the board he shall report to
26 the board a written summary of the evidence heard at the
27 meeting. After its hearing or upon receipt of the written
28 report of its hearing officer, the board may take such action
29 as it finds appropriate.
30 (c) The Department of Human Services shall be invited to
31 send a representative to consult with the board at such
32 meeting whenever there is evidence that mental illness may be
33 the cause for expulsion or suspension.
34 (d) The board may expel a student for a definite period
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1 of 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 a weapon to school, any school-sponsored activity or
4 event, or any activity or event which bears a reasonable
5 relationship to school shall be expelled for a period of not
6 less than one year, except that the expulsion period may be
7 modified by the superintendent, and the superintendent's
8 determination may be modified by the board on a case by case
9 basis. For purposes of this Section, the term "weapon" means
10 possession, use, control or transfer of any object which may
11 be used to cause bodily harm, including but not limited to a
12 weapon as defined by Section 921 of Title 18, United States
13 Code, firearm as defined in Section 1.1 of the Firearm Owners
14 Identification Act, or use of weapon as defined in Section
15 24-1 of the Criminal Code. The following items also may be
16 considered weapons if used or attempted or intended to be
17 used to cause bodily harm:, knives, guns, firearms, rifles,
18 shotguns, brass knuckles, billy clubs, or "look-alikes"
19 thereof, or. Such items as baseball bats, pipes, bottles,
20 locks, sticks, pencils, and pens may be considered weapons if
21 used or attempted to be used to cause bodily harm. Expulsion
22 or suspension shall be construed in a manner consistent with
23 the Federal Individuals with Disabilities Education Act. A
24 student who is subject to suspension or expulsion as provided
25 in this Section may be eligible for a transfer to an
26 alternative school program in accordance with Article 13A of
27 the School Code. The provisions of this subsection (d) apply
28 in all school districts, including special charter districts
29 and districts organized under Article 34.
30 (e) To maintain order and security in the schools,
31 school authorities may inspect and search places and areas
32 such as lockers, desks, parking lots, and other school
33 property and equipment owned or controlled by the school, as
34 well as personal effects left in those places and areas by
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1 students, without notice to or the consent of the student,
2 and without a search warrant. As a matter of public policy,
3 the General Assembly finds that students have no reasonable
4 expectation of privacy in these places and areas or in their
5 personal effects left in these places and areas. School
6 authorities may request the assistance of law enforcement
7 officials for the purpose of conducting inspections and
8 searches of lockers, desks, parking lots, and other school
9 property and equipment owned or controlled by the school for
10 illegal drugs, weapons, or other illegal or dangerous
11 substances or materials, including searches conducted through
12 the use of specially trained dogs. If a search conducted in
13 accordance with this Section produces evidence that the
14 student has violated or is violating either the law, local
15 ordinance, or the school's policies or rules, such evidence
16 may be seized by school authorities, and disciplinary action
17 may be taken. School authorities may also turn over such
18 evidence to law enforcement authorities. The provisions of
19 this subsection (e) apply in all school districts, including
20 special charter districts and districts organized under
21 Article 34.
22 (f) Suspension or expulsion may include suspension or
23 expulsion from school and all school activities and a
24 prohibition from being present on school grounds.
25 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
26 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
27 1-1-98.)".