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92_SB0376eng SB376 Engrossed LRB9205498NTsb 1 AN ACT in relation to 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 5 Sections 2-3.13a and 10-22.6 as follows: 6 (105 ILCS 5/2-3.13a) (from Ch. 122, par. 2-3.13a) 7 Sec. 2-3.13a. Scholastic records; transferring students. 8 The State Board of Education shall establish and implement 9 rules requiring all of the public schools and all private or 10 nonpublic elementary and secondary schools located in this 11 State, whenever any such school has a student who is 12 transferring to any other public elementary or secondary 13 school located in this or in any other state, to forward 14 within 10 days of notice of the student's transfer an 15 unofficial record of that student's grades to the school to 16 which such student is transferring. Each public school at 17 the same time also shall forward to the school to which the 18 student is transferring the remainder of the student's school 19 student records as required by the Illinois School Student 20 Records Act. In addition, if a student is transferring from a 21 public school, whether located in this or any other state, 22 from which the student has been suspended or expelled for 23 knowingly possessing in a school building or on school 24 grounds a weapon as defined in the Gun Free Schools Act (20 25 U.S.C. 8921 et seq.), for knowingly possessing, selling, or 26 delivering in a school building or on school grounds a 27 controlled substance or cannabis, or for battering a staff 28 member of the school, and if the period of suspension or 29 expulsion has not expired at the time the student attempts to 30 transfer into another public school in the same or any other 31 school district: (i) any school student records required to SB376 Engrossed -2- LRB9205498NTsb 1 be transferred shall include the date and duration of the 2 period of suspension or expulsion; and (ii) with the 3 exception of transfers into the Department of Corrections 4 school district, the student shall not be permitted to attend 5 class in the public school into which he or she is 6 transferring until the student has served the entire period 7 of the suspension or expulsion imposed by the school from 8 which the student is transferring, provided that the school 9 board may approve the placement of the student in an 10 alternative school program established under Article 13A of 11 this CodeAct. A school district may adopt a policy providing 12 that if a student is suspended or expelled for any reason 13 from any public or private school in this or any other state, 14 the student must complete the entire term of the suspension 15 or expulsion before being admitted into the school district. 16 This policy may allow placement of the student in an 17 alternative school program established under Article 13A of 18 this Code, if available, for the remainder of the suspension 19 or expulsion. Each public school and each private or 20 nonpublic elementary or secondary school in this State shall 21 within 10 days after the student has paid all of his or her 22 outstanding fines and fees and at its own expense forward an 23 official transcript of the scholastic records of each student 24 transferring from that school in strict accordance with the 25 provisions of this Section and the rules established by the 26 State Board of Education as herein provided. 27 The State Board of Education shall develop a one-page 28 standard form that Illinois school districts are required to 29 provide to any student who is moving out of the school 30 district and that contains the information about whether or 31 not the student is "in good standing" and whether or not his 32 or her medical records are up-to-date and complete. As used 33 in this Section, "in good standing" means that the student is 34 not being disciplined by a suspension or expulsion, but is SB376 Engrossed -3- LRB9205498NTsb 1 entitled to attend classes. No school district is required 2 to admit a new student who is transferring from another 3 Illinois school district unless he or she can produce the 4 standard form from the student's previous school district 5 enrollment. No school district is required to admit a new 6 student who is transferring from an out-of-state public 7 school unless the parent or guardian of the student certifies 8 in writing that the student is not currently serving a 9 suspension or expulsion imposed by the school from which the 10 student is transferring. 11 (Source: P.A. 91-365, eff. 7-30-99.) 12 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) 13 Sec. 10-22.6. Suspension or expulsion of pupils; school 14 searches. 15 (a) To expel pupils guilty of gross disobedience or 16 misconduct, and no action shall lie against them for such 17 expulsion. Expulsion shall take place only after the parents 18 have been requested to appear at a meeting of the board, or 19 with a hearing officer appointed by it, to discuss their 20 child's behavior. Such request shall be made by registered or 21 certified mail and shall state the time, place and purpose of 22 the meeting. The board, or a hearing officer appointed by it, 23 at such meeting shall state the reasons for dismissal and the 24 date on which the expulsion is to become effective. 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 and the board may take such action thereon as it 28 finds appropriate. 29 (b) To suspend or by regulation to authorize the 30 superintendent of the district or the principal, assistant 31 principal, or dean of students of any school to suspend 32 pupils guilty of gross disobedience or misconduct, or to 33 suspend pupils guilty of gross disobedience or misconduct on SB376 Engrossed -4- LRB9205498NTsb 1 the school bus from riding the school bus, and no action 2 shall lie against them for such suspension. The board may by 3 regulation authorize the superintendent of the district or 4 the principal, assistant principal, or dean of students of 5 any school to suspend pupils guilty of such acts for a period 6 not to exceed 10 school days. If a pupil is suspended due to 7 gross disobedience or misconduct on a school bus, the board 8 may suspend the pupil in excess of 10 school days for safety 9 reasons. Any suspension shall be reported immediately to the 10 parents or guardian of such pupil along with a full statement 11 of the reasons for such suspension and a notice of their 12 right to a review, a copy of which shall be given to the 13 school board. Upon request of the parents or guardian the 14 school board or a hearing officer appointed by it shall 15 review such action of the superintendent or principal, 16 assistant principal, or dean of students. At such review the 17 parents or guardian of the pupil may appear and discuss the 18 suspension with the board or its hearing officer. If a 19 hearing officer is appointed by the board he shall report to 20 the board a written summary of the evidence heard at the 21 meeting. After its hearing or upon receipt of the written 22 report of its hearing officer, the board may take such action 23 as it finds appropriate. 24 (c) The Department of Human Services shall be invited to 25 send a representative to consult with the board at such 26 meeting whenever there is evidence that mental illness may be 27 the cause for expulsion or suspension. 28 (d) The board may expel a student for a definite period 29 of time not to exceed 2 calendar years, as determined on a 30 case by case basis. A student who is determined to have 31 brought a weapon to school, any school-sponsored activity or 32 event, or any activity or event which bears a reasonable 33 relationship to school shall be expelled for a period of not 34 less than one year, except that the expulsion period may be SB376 Engrossed -5- LRB9205498NTsb 1 modified by the superintendent, and the superintendent's 2 determination may be modified by the board on a case by case 3 basis. For the purpose of this Section, the term "weapon" 4 means (1) possession, use, control, or transfer of any gun, 5 rifle, shotgun, weapon as defined by Section 921 of Title 18, 6 United States Code, firearm as defined in Section 1.1 of the 7 Firearm Owners Identification Act, or use of a weapon as 8 defined in Section 24-1 of the Criminal Code, (2) any other 9 object if used or attempted to be used to cause bodily harm, 10 including but not limited to, knives, brass knuckles, or 11 billy clubs, or (3) "look alikes" of any weapon as defined in 12 this Section. Expulsion or suspension shall be construed in a 13 manner consistent with the Federal Individuals with 14 Disabilities Education Act. A student who is subject to 15 suspension or expulsion as provided in this Section may be 16 eligible for a transfer to an alternative school program in 17 accordance with Article 13A of the School Code. The 18 provisions of this subsection (d) apply in all school 19 districts, including special charter districts and districts 20 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 SB376 Engrossed -6- LRB9205498NTsb 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 (g) A school district may adopt a policy providing that 17 if a student is suspended or expelled for any reason from any 18 public or private school in this or any other state, the 19 student must complete the entire term of the suspension or 20 expulsion before being admitted into the school district. 21 This policy may allow placement of the student in an 22 alternative school program established under Article 13A of 23 this Code, if available, for the remainder of the suspension 24 or expulsion. This subsection (g) applies to all school 25 districts, including special charter districts and districts 26 organized under Article 34 of this Code. 27 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97; 28 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff. 29 1-1-98; 90-757, eff. 8-14-98.) 30 Section 99. Effective date. This Act takes effect upon 31 becoming law.