Public Act 097-0495
 
HB2086 EnrolledLRB097 10541 NHT 50982 b


  
    AN ACT concerning education.
  
 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:
  


 
    Section 5. The School Code is amended  by changing Sections 
10-22.6, 13B-20.25, and 34-19 as follows:
 



    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)



    Sec. 10-22.6. Suspension or expulsion of pupils; school 
searches. 

    (a) To expel pupils guilty of gross disobedience or 
misconduct, 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
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. An expelled pupil may be immediately transferred 
to an alternative program in the manner provided in Article 13A 
or 13B of this Code. A pupil must not be denied transfer 
because of the expulsion, except in cases in which such 
transfer is deemed to cause a threat to the safety of students 
or staff in the alternative program. 

    (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

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

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

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

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. A pupil who is suspended in excess of 
20 school days may be immediately transferred to an alternative 
program in the manner provided in Article 13A or 13B of this 
Code. A pupil must not be denied transfer because of the 
suspension, except in cases in which such transfer is deemed to 
cause a threat to the safety of students or staff in the 
alternative program. 

    (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.

    (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

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

subsection (d) apply in all school districts,
including special 
charter districts and districts organized under Article 34.

    (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

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

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,

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.

    (f) Suspension or expulsion may include suspension or 
expulsion from
school and all school activities and a 
prohibition from being present on school
grounds.

    (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 in an alternative school program under Article 13A of 
this Code or an alternative learning opportunities program 
under Article 13B of this Code before being admitted into the 
school
district if there is no threat to the safety of students 
or staff in the alternative program.  This policy may allow 
placement of the student in an alternative
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.

(Source: P.A. 96-633, eff. 8-24-09; 96-998, eff. 7-2-10.)

 



    (105 ILCS 5/13B-20.25)



    Sec. 13B-20.25. Eligible students. Students in grades 4 
through 12 who
meet enrollment criteria
established by the 
school district and who meet the definition of
"student at risk 
of
academic failure" are eligible to participate in an 
alternative learning
opportunities program funded
under this 
Article.
Notwithstanding any other provision of law to the 
contrary, enrollment in a charter alternative learning 
opportunities program shall be open to any pupil who has been 
expelled or suspended for more than 20 days under Section 
10-22.6 or 34-19 of this Code. All rights granted under this 
Article to a student's parent or guardian
become exclusively 
those of the student upon the student's 18th
birthday.

(Source: P.A. 92-42, eff. 1-1-02.)

 
    (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

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

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

by-laws, rules and regulations. An expelled pupil may be 
immediately transferred to an alternative program in the manner 
provided in Article 13A or 13B of this Code. A pupil must not 
be denied transfer because of the expulsion, except in cases in 
which such transfer is deemed to cause a threat to the safety 
of students or staff in the alternative program. A pupil who is 
suspended in excess of 20 school days may be immediately 
transferred to an alternative program in the manner provided in 
Article 13A or 13B of this Code. A pupil must not be denied 
transfer because of the suspension, except in cases in which 
such transfer is deemed to cause a threat to the safety of 
students or staff in the alternative program. 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

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.)


Effective Date:  1/1/2012