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| Public Act 097-0340 | ||||
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Sections | ||||
10-22.6 and 34-19 as follows:
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(105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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Sec. 10-22.6. Suspension or expulsion of pupils; school | ||||
searches.
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(a) To expel pupils guilty of gross disobedience or | ||||
misconduct, including gross disobedience or misconduct | ||||
perpetuated by electronic means, and
no action shall lie | ||||
against them for such expulsion. Expulsion shall
take place | ||||
only after the parents have been requested to appear at a
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meeting of the board, or with a hearing officer appointed by | ||||
it, to
discuss their child's behavior. Such request shall be | ||||
made by registered
or certified mail and shall state the time, | ||||
place and purpose of the
meeting. The board, or a hearing | ||||
officer appointed by it, at such
meeting shall state the | ||||
reasons for dismissal and the date on which the
expulsion is to | ||||
become effective. If a hearing officer is appointed by
the | ||||
board he shall report to the board a written summary of the | ||||
evidence
heard at the meeting and the board may take such | ||||
action thereon as it
finds appropriate.
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(b) To suspend or by policy to authorize the superintendent | ||
of
the district or the principal, assistant principal, or dean | ||
of students
of any school to suspend pupils guilty of gross | ||
disobedience or misconduct, or
to suspend pupils guilty of | ||
gross disobedience or misconduct on the school bus
from riding | ||
the school bus, and no action
shall lie against them for such | ||
suspension. The board may by policy
authorize the | ||
superintendent of the district or the principal, assistant
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principal, or dean of students of any
school to suspend pupils | ||
guilty of such acts for a period not to exceed
10 school days. | ||
If a pupil is suspended due to gross disobedience or misconduct
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on a school bus, the board may suspend the pupil in excess of | ||
10
school
days for safety reasons. Any suspension shall be | ||
reported immediately to the
parents or guardian of such pupil | ||
along with a full statement of the
reasons for such suspension | ||
and a notice of their right to a review. The school board must | ||
be given a summary of the notice, including the reason for the | ||
suspension and the suspension length. Upon request of the
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parents or guardian the school board or a hearing officer | ||
appointed by
it shall review such action of the superintendent | ||
or principal, assistant
principal, or dean of students. At such
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review the parents or guardian of the pupil may appear and | ||
discuss the
suspension with the board or its hearing officer. | ||
If a hearing officer
is appointed by the board he shall report | ||
to the board a written summary
of the evidence heard at the | ||
meeting. After its hearing or upon receipt
of the written | ||
report of its hearing officer, the board may take such
action | ||
as it finds appropriate.
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(c) The Department of Human Services
shall be invited to | ||
send a representative to consult with the board at
such meeting | ||
whenever there is evidence that mental illness may be the
cause | ||
for expulsion or suspension.
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(d) The board may expel a student for a definite period of | ||
time not to
exceed 2 calendar years, as determined on a case by | ||
case basis.
A student who
is determined to have brought one of | ||
the following objects to school, any school-sponsored activity
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or event, or any activity or event that bears a reasonable | ||
relationship to school shall be expelled for a period of not | ||
less than
one year: | ||
(1) A firearm. For the purposes of this Section, | ||
"firearm" means any gun, rifle, shotgun, weapon as defined | ||
by Section 921 of Title 18 of the United States Code, | ||
firearm as defined in Section 1.1 of the Firearm Owners | ||
Identification Card Act, or firearm as defined in Section | ||
24-1 of the Criminal Code of 1961. The expulsion period | ||
under this subdivision (1) may be modified by the | ||
superintendent, and the superintendent's determination may | ||
be modified by the board on a case-by-case basis. | ||
(2) A knife, brass knuckles or other knuckle weapon | ||
regardless of its composition, a billy club, or any other | ||
object if used or attempted to be used to cause bodily | ||
harm, including "look alikes" of any firearm as defined in | ||
subdivision (1) of this subsection (d). The expulsion | ||
requirement under this subdivision (2) may be modified by | ||
the superintendent, and the superintendent's determination | ||
may be modified by the board on a case-by-case basis. | ||
Expulsion
or suspension
shall be construed in a
manner | ||
consistent with the Federal Individuals with Disabilities | ||
Education
Act. A student who is subject to suspension or | ||
expulsion as provided in this
Section may be eligible for a | ||
transfer to an alternative school program in
accordance with | ||
Article 13A of the School Code. The provisions of this
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subsection (d) apply in all school districts,
including special | ||
charter districts and districts organized under Article 34.
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(d-5) The board may suspend or by regulation
authorize the | ||
superintendent of the district or the principal, assistant
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principal, or dean of students of any
school to suspend a | ||
student for a period not to exceed
10 school days or may expel | ||
a student for a definite period of time not to
exceed 2 | ||
calendar years, as determined on a case by case basis, if (i) | ||
that student has been determined to have made an explicit | ||
threat on an Internet website against a school employee, a | ||
student, or any school-related personnel, (ii) the Internet | ||
website through which the threat was made is a site that was | ||
accessible within the school at the time the threat was made or | ||
was available to third parties who worked or studied within the | ||
school grounds at the time the threat was made, and (iii) the | ||
threat could be reasonably interpreted as threatening to the | ||
safety and security of the threatened individual because of his | ||
or her duties or employment status or status as a student | ||
inside the school. The provisions of this
subsection (d-5) | ||
apply in all school districts,
including special charter | ||
districts and districts organized under Article 34 of this | ||
Code.
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(e) To maintain order and security in the schools, school | ||
authorities may
inspect and search places and areas such as | ||
lockers, desks, parking lots, and
other school property and | ||
equipment owned or controlled by the school, as well
as | ||
personal effects left in those places and areas by students, | ||
without notice
to or the consent of the student, and without a | ||
search warrant. As a matter of
public policy, the General | ||
Assembly finds that students have no reasonable
expectation of | ||
privacy in these places and areas or in their personal effects
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left in these places and areas. School authorities may request | ||
the assistance
of law enforcement officials for the purpose of | ||
conducting inspections and
searches of lockers, desks, parking | ||
lots, and other school property and
equipment owned or | ||
controlled by the school for illegal drugs, weapons, or
other
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illegal or dangerous substances or materials, including | ||
searches conducted
through the use of specially trained dogs. | ||
If a search conducted in accordance
with this Section produces | ||
evidence that the student has violated or is
violating either | ||
the law, local ordinance, or the school's policies or rules,
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such evidence may be seized by school authorities, and | ||
disciplinary action may
be taken. School authorities may also | ||
turn over such evidence to law
enforcement authorities. The | ||
provisions of this subsection (e) apply in all
school | ||
districts, including special charter districts and districts | ||
organized
under Article 34.
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(f) Suspension or expulsion may include suspension or | ||
expulsion from
school and all school activities and a | ||
prohibition from being present on school
grounds.
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(g) A school district may adopt a policy providing that if | ||
a student
is suspended or expelled for any reason from any | ||
public or private school
in this or any other state, the | ||
student must complete the entire term of
the suspension or | ||
expulsion before being admitted into the school
district. This | ||
policy may allow placement of the student in an alternative
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school program established under Article 13A of this Code, if | ||
available, for
the
remainder of the suspension or expulsion. | ||
This subsection (g) applies to
all school districts, including | ||
special charter districts and districts
organized under | ||
Article 34 of this Code.
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(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)
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(105 ILCS 5/34-19) (from Ch. 122, par. 34-19) | ||
Sec. 34-19. By-laws, rules and regulations; business | ||
transacted at
regular meetings; voting; records. The board | ||
shall, subject to the limitations
in this Article, establish | ||
by-laws, rules and regulations, which shall have the
force of | ||
ordinances, for the proper maintenance of a uniform system of
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discipline for both employees and pupils, and for the entire | ||
management of the
schools, and may fix the school age of | ||
pupils, the minimum of which in
kindergartens shall not be | ||
under 4 years, except that, based upon an assessment of the | ||
child's readiness, children who have attended a non-public | ||
preschool and continued their education at that school through | ||
kindergarten, were taught in kindergarten by an appropriately | ||
certified teacher, and will attain the age of 6 years on or | ||
before December 31 of the year of the 2009-2010 school term and | ||
each school term thereafter may attend first grade upon | ||
commencement of such term, and in grade schools shall not be
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under 6 years. It may expel, suspend or, subject to the | ||
limitations of all
policies established or adopted under | ||
Section 14-8.05, otherwise discipline any
pupil found guilty of | ||
gross disobedience, misconduct or other violation of the
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by-laws, rules and regulations, including gross disobedience | ||
or misconduct perpetuated by electronic means. The bylaws, | ||
rules and regulations of the board
shall be enacted, money | ||
shall be appropriated or expended, salaries shall be
fixed or | ||
changed, and textbooks, electronic textbooks, and courses of | ||
instruction shall be adopted or
changed only at the regular | ||
meetings of the board and by a vote of a
majority of the full | ||
membership of the board; provided that
notwithstanding any | ||
other provision of this Article or the School Code,
neither the | ||
board or any local school council may purchase any textbook for | ||
use in any public school of the
district from any textbook | ||
publisher that fails to furnish any computer
diskettes as | ||
required under Section 28-21. Funds appropriated for textbook | ||
purchases must be available for electronic textbook purchases | ||
and the technological equipment necessary to gain access to and | ||
use electronic textbooks at the local school council's | ||
discretion. The board shall be further
encouraged to provide | ||
opportunities for public hearing and testimony before
the | ||
adoption of bylaws, rules and regulations. Upon all | ||
propositions
requiring for their adoption at least a majority | ||
of all the members of the
board the yeas and nays shall be | ||
taken and reported. The by-laws, rules and
regulations of the | ||
board shall not be repealed, amended or added to, except
by a | ||
vote of 2/3 of the full membership of the board. The board | ||
shall keep
a record of all its proceedings. Such records and | ||
all
by-laws, rules and regulations, or parts thereof, may be | ||
proved by a copy
thereof certified to be such by the secretary | ||
of the board, but if they are
printed in book or pamphlet form | ||
which are purported to be published by
authority of the board | ||
they need not be otherwise published and the book or
pamphlet | ||
shall be received as evidence, without further proof, of the
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records, by-laws, rules and regulations, or any part thereof, | ||
as of the
dates thereof as shown in such book or pamphlet, in | ||
all courts and places
where judicial proceedings are had. | ||
Notwithstanding any other provision in this Article or in | ||
the School
Code, the board may delegate to the general | ||
superintendent or to the
attorney the authorities granted to | ||
the board in the School Code, provided
such delegation and | ||
appropriate oversight procedures are made pursuant to
board | ||
by-laws, rules and regulations, adopted as herein provided, | ||
except that
the board may not delegate its authorities and | ||
responsibilities regarding (1)
budget approval obligations; | ||
(2) rule-making functions; (3) desegregation
obligations; (4) | ||
real estate acquisition, sale or lease in excess of 10 years
as | ||
provided in Section 34-21; (5) the levy of taxes; or (6) any | ||
mandates
imposed upon the board by "An Act in relation to | ||
school reform in cities over
500,000, amending Acts herein | ||
named", approved December 12, 1988 (P.A.
85-1418). | ||
(Source: P.A. 96-864, eff. 1-21-10; 96-1403, eff. 7-29-10.)
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