[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_SB1412
LRB9109484NTksC
1 AN ACT to amend the School Code by changing Sections
2 10-22.6 and 34-19.
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 Sections 10-22.6 and 34-19 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. An expulsion decision shall be made on an
24 individual basis.
25 (b) To suspend or by regulation to authorize the
26 superintendent of the district or the principal, assistant
27 principal, or dean of students of any school to suspend
28 pupils guilty of gross disobedience or misconduct, or to
29 suspend pupils guilty of gross disobedience or misconduct on
30 the school bus from riding the school bus, and no action
31 shall lie against them for such suspension. The board may by
-2- LRB9109484NTksC
1 regulation authorize the superintendent of the district or
2 the principal, assistant principal, or dean of students of
3 any school to suspend pupils guilty of such acts for a period
4 not to exceed 10 school days. If a pupil is suspended due to
5 gross disobedience or misconduct on a school bus, the board
6 may suspend the pupil in excess of 10 school days for safety
7 reasons. Any suspension shall be reported immediately to the
8 parents or guardian of such pupil along with a full statement
9 of the reasons for such suspension and a notice of their
10 right to a review, a copy of which shall be given to the
11 school board. Upon request of the parents or guardian the
12 school board or a hearing officer appointed by it shall
13 review such action of the superintendent or principal,
14 assistant principal, or dean of students. At such review the
15 parents or guardian of the pupil may appear and discuss the
16 suspension with the board or its hearing officer. If a
17 hearing officer is appointed by the board he shall report to
18 the board a written summary of the evidence heard at the
19 meeting. After its hearing or upon receipt of the written
20 report of its hearing officer, the board may take such action
21 as it finds appropriate.
22 (c) The Department of Human Services shall be invited to
23 send a representative to consult with the board at such
24 meeting whenever there is evidence that mental illness may be
25 the cause for expulsion or suspension.
26 (d) The board may expel a student for a definite period
27 of time not to exceed one 2 calendar year years, as
28 determined on a case by case basis. A student who is
29 determined to have brought a weapon to school, any
30 school-sponsored activity or event, or any activity or event
31 which bears a reasonable relationship to school shall be
32 expelled for a period of not less than one year, except that
33 the expulsion period may be modified by the superintendent,
34 and the superintendent's determination may be modified by the
-3- LRB9109484NTksC
1 board on a case by case basis. For the purpose of this
2 Section, the term "weapon" means (1) possession, use,
3 control, or transfer of any gun, rifle, shotgun, weapon as
4 defined by Section 921 of Title 18, United States Code,
5 firearm as defined in Section 1.1 of the Firearm Owners
6 Identification Act, or use of a weapon as defined in Section
7 24-1 of the Criminal Code, (2) any other object if used or
8 attempted to be used to cause bodily harm, including but not
9 limited to, knives, brass knuckles, or billy clubs, or (3)
10 "look alikes" of any weapon as defined in this Section.
11 Expulsion or suspension shall be construed in a manner
12 consistent with the Federal Individuals with Disabilities
13 Education Act. A student who is subject to suspension or
14 expulsion as provided in this Section may be eligible for a
15 transfer to an alternative school program in accordance with
16 Article 13A of the School Code. The provisions of this
17 subsection (d) apply in all school districts, including
18 special charter districts and districts organized under
19 Article 34.
20 (e) To maintain order and security in the schools,
21 school authorities may inspect and search places and areas
22 such as lockers, desks, parking lots, and other school
23 property and equipment owned or controlled by the school, as
24 well as personal effects left in those places and areas by
25 students, without notice to or the consent of the student,
26 and without a search warrant. As a matter of public policy,
27 the General Assembly finds that students have no reasonable
28 expectation of privacy in these places and areas or in their
29 personal effects left in these places and areas. School
30 authorities may request the assistance of law enforcement
31 officials for the purpose of conducting inspections and
32 searches of lockers, desks, parking lots, and other school
33 property and equipment owned or controlled by the school for
34 illegal drugs, weapons, or other illegal or dangerous
-4- LRB9109484NTksC
1 substances or materials, including searches conducted through
2 the use of specially trained dogs. If a search conducted in
3 accordance with this Section produces evidence that the
4 student has violated or is violating either the law, local
5 ordinance, or the school's policies or rules, such evidence
6 may be seized by school authorities, and disciplinary action
7 may be taken. School authorities may also turn over such
8 evidence to law enforcement authorities. The provisions of
9 this subsection (e) apply in all school districts, including
10 special charter districts and districts organized under
11 Article 34.
12 (f) Suspension or expulsion may include suspension or
13 expulsion from school and all school activities and a
14 prohibition from being present on school grounds.
15 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
16 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
17 1-1-98; 90-757, eff. 8-14-98.)
18 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
19 Sec. 34-19. By-laws, rules and regulations; business
20 transacted at regular meetings; voting; records. The board
21 shall, subject to the limitations in this Article, establish
22 by-laws, rules and regulations, which shall have the force of
23 ordinances, for the proper maintenance of a uniform system of
24 discipline for both employees and pupils, and for the entire
25 management of the schools, and may fix the school age of
26 pupils, the minimum of which in kindergartens shall not be
27 under 4 years and in grade schools shall not be under 6
28 years. It may expel, suspend or, subject to the limitations
29 of all policies established or adopted under Section 14-8.05,
30 otherwise discipline any pupil found guilty of gross
31 disobedience, misconduct or other violation of the by-laws,
32 rules and regulations. An expulsion decision shall be made
33 on an individual basis. The bylaws, rules and regulations of
-5- LRB9109484NTksC
1 the board shall be enacted, money shall be appropriated or
2 expended, salaries shall be fixed or changed, and textbooks
3 and courses of instruction shall be adopted or changed only
4 at the regular meetings of the board and by a vote of a
5 majority of the full membership of the board; provided that
6 notwithstanding any other provision of this Article or the
7 School Code, neither the board or any local school council
8 may purchase any textbook for use in any public school of the
9 district from any textbook publisher that fails to furnish
10 any computer diskettes as required under Section 28-21. The
11 board shall be further encouraged to provide opportunities
12 for public hearing and testimony before the adoption of
13 bylaws, rules and regulations. Upon all propositions
14 requiring for their adoption at least a majority of all the
15 members of the board the yeas and nays shall be taken and
16 reported. The by-laws, rules and regulations of the board
17 shall not be repealed, amended or added to, except by a vote
18 of 2/3 of the full membership of the board. The board shall
19 keep a record of all its proceedings. Such records and all
20 by-laws, rules and regulations, or parts thereof, may be
21 proved by a copy thereof certified to be such by the
22 secretary of the board, but if they are printed in book or
23 pamphlet form which are purported to be published by
24 authority of the board they need not be otherwise published
25 and the book or pamphlet shall be received as evidence,
26 without further proof, of the records, by-laws, rules and
27 regulations, or any part thereof, as of the dates thereof as
28 shown in such book or pamphlet, in all courts and places
29 where judicial proceedings are had.
30 Notwithstanding any other provision in this Article or in
31 the School Code, the board may delegate to the general
32 superintendent or to the attorney the authorities granted to
33 the board in the School Code, provided such delegation and
34 appropriate oversight procedures are made pursuant to board
-6- LRB9109484NTksC
1 by-laws, rules and regulations, adopted as herein provided,
2 except that the board may not delegate its authorities and
3 responsibilities regarding (1) budget approval obligations;
4 (2) rule-making functions; (3) desegregation obligations; (4)
5 real estate acquisition, sale or lease in excess of 10 years
6 as provided in Section 34-21; (5) the levy of taxes; or (6)
7 any mandates imposed upon the board by "An Act in relation to
8 school reform in cities over 500,000, amending Acts herein
9 named", approved December 12, 1988 (P.A. 85-1418).
10 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
11 Section 99. Effective date. This Act takes effect upon
12 becoming law.