State of Illinois
90th General Assembly
Legislation

   [ Search ]   [ Legislation ]   [ Bill Summary ]
[ Home ]   [ Back ]   [ Bottom ]



90_HB3785

      105 ILCS 5/10-22.6        from Ch. 122, par. 10-22.6
          Amends the School Code.  In cases involving  a  student's
      expulsion for bringing a weapon to school or school-sponsored
      or  school-related  activities  or  events, provides that the
      one-year expulsion period, which currently may be modified by
      the board, instead may be  modified  by  the  superintendent,
      with  the  superintendent's  determination  being  subject to
      modification by the board.  Provides that certain items  that
      currently constitute a weapon instead may be considered to be
      a  weapon  if  used  or  attempted to be used to cause bodily
      harm.
                                                     LRB9009945THpk
                                               LRB9009945THpk
 1        AN ACT to amend  the  School  Code  by  changing  Section
 2    10-22.6.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.   The  School  Code  is  amended  by  changing
 6    Section 10-22.6 as follows:
 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
23    finds appropriate.
24        (b)  To   suspend  or  by  regulation  to  authorize  the
25    superintendent of the district or  the  principal,  assistant
26    principal,  or  dean  of  students  of  any school to suspend
27    pupils guilty of gross  disobedience  or  misconduct,  or  to
28    suspend  pupils guilty of gross disobedience or misconduct on
29    the school bus from riding the  school  bus,  and  no  action
30    shall  lie against them for such suspension. The board may by
31    regulation authorize the superintendent of  the  district  or
                            -2-                LRB9009945THpk
 1    the  principal,  assistant  principal, or dean of students of
 2    any school to suspend pupils guilty of such acts for a period
 3    not to exceed 10 school days. If a pupil is suspended due  to
 4    gross  disobedience  or misconduct on a school bus, the board
 5    may suspend the pupil in excess of 10 school days for  safety
 6    reasons.  Any suspension shall be reported immediately to the
 7    parents or guardian of such pupil along with a full statement
 8    of  the  reasons  for  such  suspension and a notice of their
 9    right to a review, a copy of which  shall  be  given  to  the
10    school  board.  Upon  request  of the parents or guardian the
11    school board or a  hearing  officer  appointed  by  it  shall
12    review  such  action  of  the  superintendent  or  principal,
13    assistant principal, or dean of students.  At such review the
14    parents  or  guardian of the pupil may appear and discuss the
15    suspension with the  board  or  its  hearing  officer.  If  a
16    hearing  officer is appointed by the board he shall report to
17    the board a written summary of  the  evidence  heard  at  the
18    meeting.  After  its  hearing  or upon receipt of the written
19    report of its hearing officer, the board may take such action
20    as it finds appropriate.
21        (c)  The Department of Human Services shall be invited to
22    send a representative to  consult  with  the  board  at  such
23    meeting whenever there is evidence that mental illness may be
24    the cause for expulsion or suspension.
25        (d)  The  board may expel a student for a definite period
26    of time not to exceed 2 calendar years, as  determined  on  a
27    case  by  case  basis.    A student who is determined to have
28    brought a weapon to school, any school-sponsored activity  or
29    event,  or  any  activity  or  event which bears a reasonable
30    relationship to school shall be expelled for a period of  not
31    less  than  one year, except that the expulsion period may be
32    modified by  the  superintendent,  and  the  superintendent's
33    determination  may be modified by the board on a case by case
34    basis.  For purposes of this Section, the term "weapon" means
                            -3-                LRB9009945THpk
 1    possession, use, control or transfer of any object which  may
 2    be  used to cause bodily harm, including but not limited to a
 3    weapon as defined by Section 921 of Title 18,  United  States
 4    Code, firearm as defined in Section 1.1 of the Firearm Owners
 5    Identification  Act,  or  use of weapon as defined in Section
 6    24-1 of the Criminal Code. The following items  also  may  be
 7    considered  weapons  if  used  or attempted or intended to be
 8    used to cause bodily harm:, knives, guns,  firearms,  rifles,
 9    shotguns,  brass  knuckles,  billy  clubs,  or  "look-alikes"
10    thereof,  or.   Such  items as baseball bats, pipes, bottles,
11    locks, sticks, pencils, and pens may be considered weapons if
12    used or attempted to be used to cause bodily harm.  Expulsion
13    or suspension shall be construed in a manner consistent  with
14    the  Federal  Individuals  with Disabilities Education Act. A
15    student who is subject to suspension or expulsion as provided
16    in this  Section  may  be  eligible  for  a  transfer  to  an
17    alternative  school program in accordance with Article 13A of
18    the School Code.  The provisions of this subsection (d) apply
19    in all school districts, including special charter  districts
20    and districts organized under Article 34.
21        (e)  To  maintain  order  and  security  in  the schools,
22    school authorities may inspect and search  places  and  areas
23    such  as  lockers,  desks,  parking  lots,  and  other school
24    property and equipment owned or controlled by the school,  as
25    well  as  personal  effects left in those places and areas by
26    students, without notice to or the consent  of  the  student,
27    and  without a search warrant.  As a matter of public policy,
28    the General Assembly finds that students have  no  reasonable
29    expectation  of privacy in these places and areas or in their
30    personal effects left in  these  places  and  areas.   School
31    authorities  may  request  the  assistance of law enforcement
32    officials for  the  purpose  of  conducting  inspections  and
33    searches  of  lockers,  desks, parking lots, and other school
34    property and equipment owned or controlled by the school  for
                            -4-                LRB9009945THpk
 1    illegal   drugs,  weapons,  or  other  illegal  or  dangerous
 2    substances or materials, including searches conducted through
 3    the use of specially trained dogs.  If a search conducted  in
 4    accordance  with  this  Section  produces  evidence  that the
 5    student has violated or is violating either  the  law,  local
 6    ordinance,  or  the school's policies or rules, such evidence
 7    may be seized by school authorities, and disciplinary  action
 8    may  be  taken.   School  authorities may also turn over such
 9    evidence to law enforcement authorities.  The  provisions  of
10    this  subsection (e) apply in all school districts, including
11    special  charter  districts  and  districts  organized  under
12    Article 34.
13        (f)  Suspension or expulsion may  include  suspension  or
14    expulsion  from  school  and  all  school  activities  and  a
15    prohibition from being present on school grounds.
16    (Source:  P.A.  89-371,  eff.  1-1-96;  89-507,  eff. 7-1-97;
17    89-610, eff. 8-6-96; P.A. 90-14, eff.  7-1-97;  90-548,  eff.
18    1-1-98.)

[ Top ]