SB0098 - 104th General Assembly
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| 1 | AN ACT concerning 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 Section | ||||||||||||||||||||||||
| 5 | 10-22.6 as follows: | ||||||||||||||||||||||||
| 6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | ||||||||||||||||||||||||
| 7 | (Text of Section before amendment by P.A. 102-466) | ||||||||||||||||||||||||
| 8 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||||||||||||||||||||
| 9 | searches. | ||||||||||||||||||||||||
| 10 | (a) To expel students guilty of gross disobedience or | ||||||||||||||||||||||||
| 11 | misconduct, including gross disobedience or misconduct | ||||||||||||||||||||||||
| 12 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||||||||||||||||||||
| 13 | of this Section, and no action shall lie against them for such | ||||||||||||||||||||||||
| 14 | expulsion. Expulsion shall take place only after the parents | ||||||||||||||||||||||||
| 15 | have been requested to appear at a meeting of the board, or | ||||||||||||||||||||||||
| 16 | with a hearing officer appointed by it, to discuss their | ||||||||||||||||||||||||
| 17 | child's behavior. Such request shall be made by registered or | ||||||||||||||||||||||||
| 18 | certified mail and shall state the time, place and purpose of | ||||||||||||||||||||||||
| 19 | the meeting. The board, or a hearing officer appointed by it, | ||||||||||||||||||||||||
| 20 | at such meeting shall state the reasons for dismissal and the | ||||||||||||||||||||||||
| 21 | date on which the expulsion is to become effective. If a | ||||||||||||||||||||||||
| 22 | hearing officer is appointed by the board, the hearing officer | ||||||||||||||||||||||||
| 23 | shall report to the board a written summary of the evidence | ||||||||||||||||||||||||
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| 1 | heard at the meeting and the board may take such action thereon | ||||||
| 2 | as it finds appropriate. If the board acts to expel a student, | ||||||
| 3 | the written expulsion decision shall detail the specific | ||||||
| 4 | reasons why removing the student from the learning environment | ||||||
| 5 | is in the best interest of the school. The expulsion decision | ||||||
| 6 | shall also include a rationale as to the specific duration of | ||||||
| 7 | the expulsion. An expelled student may be immediately | ||||||
| 8 | transferred to an alternative program in the manner provided | ||||||
| 9 | in Article 13A or 13B of this Code. A student must not be | ||||||
| 10 | denied transfer because of the expulsion, except in cases in | ||||||
| 11 | which such transfer is deemed to cause a threat to the safety | ||||||
| 12 | of students or staff in the alternative program. | ||||||
| 13 | (b) To suspend or by policy to authorize the | ||||||
| 14 | superintendent of the district or the principal, assistant | ||||||
| 15 | principal, or dean of students of any school to suspend | ||||||
| 16 | students guilty of gross disobedience or misconduct, or to | ||||||
| 17 | suspend students guilty of gross disobedience or misconduct on | ||||||
| 18 | the school bus from riding the school bus, pursuant to | ||||||
| 19 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
| 20 | shall lie against them for such suspension. The board may by | ||||||
| 21 | policy authorize the superintendent of the district or the | ||||||
| 22 | principal, assistant principal, or dean of students of any | ||||||
| 23 | school to suspend students guilty of such acts for a period not | ||||||
| 24 | to exceed 10 school days. If a student is suspended due to | ||||||
| 25 | gross disobedience or misconduct on a school bus, the board | ||||||
| 26 | may suspend the student in excess of 10 school days for safety | ||||||
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| 1 | reasons. | ||||||
| 2 | Any suspension shall be reported immediately to the | ||||||
| 3 | parents or guardian of a student along with a full statement of | ||||||
| 4 | the reasons for such suspension and a notice of their right to | ||||||
| 5 | a review. The school board must be given a summary of the | ||||||
| 6 | notice, including the reason for the suspension and the | ||||||
| 7 | suspension length. Upon request of the parents or guardian, | ||||||
| 8 | the school board or a hearing officer appointed by it shall | ||||||
| 9 | review such action of the superintendent or principal, | ||||||
| 10 | assistant principal, or dean of students. At such review, the | ||||||
| 11 | parents or guardian of the student may appear and discuss the | ||||||
| 12 | suspension with the board or its hearing officer. If a hearing | ||||||
| 13 | officer is appointed by the board, he shall report to the board | ||||||
| 14 | a written summary of the evidence heard at the meeting. After | ||||||
| 15 | its hearing or upon receipt of the written report of its | ||||||
| 16 | hearing officer, the board may take such action as it finds | ||||||
| 17 | appropriate. If a student is suspended pursuant to this | ||||||
| 18 | subsection (b), the board shall, in the written suspension | ||||||
| 19 | decision, detail the specific act of gross disobedience or | ||||||
| 20 | misconduct resulting in the decision to suspend. The | ||||||
| 21 | suspension decision shall also include a rationale as to the | ||||||
| 22 | specific duration of the suspension. | ||||||
| 23 | (b-5) Among the many possible disciplinary interventions | ||||||
| 24 | and consequences available to school officials, school | ||||||
| 25 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
| 26 | are the most serious. School officials shall limit the number | ||||||
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| 1 | and duration of expulsions and suspensions to the greatest | ||||||
| 2 | extent practicable, and it is recommended that they use them | ||||||
| 3 | only for legitimate educational purposes. To ensure that | ||||||
| 4 | students are not excluded from school unnecessarily, it is | ||||||
| 5 | recommended that school officials consider forms of | ||||||
| 6 | non-exclusionary discipline prior to using out-of-school | ||||||
| 7 | suspensions or expulsions. | ||||||
| 8 | (b-10) Unless otherwise required by federal law or this | ||||||
| 9 | Code, school boards may not institute zero-tolerance policies | ||||||
| 10 | by which school administrators are required to suspend or | ||||||
| 11 | expel students for particular behaviors. | ||||||
| 12 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
| 13 | used only if the student's continuing presence in school would | ||||||
| 14 | pose a threat to school safety or a disruption to other | ||||||
| 15 | students' learning opportunities. For purposes of this | ||||||
| 16 | subsection (b-15), "threat to school safety or a disruption to | ||||||
| 17 | other students' learning opportunities" shall be determined on | ||||||
| 18 | a case-by-case basis by the school board or its designee. | ||||||
| 19 | School officials shall make all reasonable efforts to resolve | ||||||
| 20 | such threats, address such disruptions, and minimize the | ||||||
| 21 | length of suspensions to the greatest extent practicable. | ||||||
| 22 | (b-20) Unless otherwise required by this Code, | ||||||
| 23 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
| 24 | and disciplinary removals to alternative schools may be used | ||||||
| 25 | only if other appropriate and available behavioral and | ||||||
| 26 | disciplinary interventions have been exhausted and the | ||||||
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| 1 | student's continuing presence in school would either (i) pose | ||||||
| 2 | a threat to the safety of other students, staff, or members of | ||||||
| 3 | the school community or (ii) substantially disrupt, impede, or | ||||||
| 4 | interfere with the operation of the school. For purposes of | ||||||
| 5 | this subsection (b-20), "threat to the safety of other | ||||||
| 6 | students, staff, or members of the school community" and | ||||||
| 7 | "substantially disrupt, impede, or interfere with the | ||||||
| 8 | operation of the school" shall be determined on a case-by-case | ||||||
| 9 | basis by school officials. For purposes of this subsection | ||||||
| 10 | (b-20), the determination of whether "appropriate and | ||||||
| 11 | available behavioral and disciplinary interventions have been | ||||||
| 12 | exhausted" shall be made by school officials. School officials | ||||||
| 13 | shall make all reasonable efforts to resolve such threats, | ||||||
| 14 | address such disruptions, and minimize the length of student | ||||||
| 15 | exclusions to the greatest extent practicable. Within the | ||||||
| 16 | suspension decision described in subsection (b) of this | ||||||
| 17 | Section or the expulsion decision described in subsection (a) | ||||||
| 18 | of this Section, it shall be documented whether other | ||||||
| 19 | interventions were attempted or whether it was determined that | ||||||
| 20 | there were no other appropriate and available interventions. | ||||||
| 21 | (b-25) Students who are suspended out-of-school for longer | ||||||
| 22 | than 3 school days shall be provided appropriate and available | ||||||
| 23 | support services during the period of their suspension. For | ||||||
| 24 | purposes of this subsection (b-25), "appropriate and available | ||||||
| 25 | support services" shall be determined by school authorities. | ||||||
| 26 | Within the suspension decision described in subsection (b) of | ||||||
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| 1 | this Section, it shall be documented whether such services are | ||||||
| 2 | to be provided or whether it was determined that there are no | ||||||
| 3 | such appropriate and available services. | ||||||
| 4 | A school district may refer students who are expelled to | ||||||
| 5 | appropriate and available support services. | ||||||
| 6 | A school district shall create a policy to facilitate the | ||||||
| 7 | re-engagement of students who are suspended out-of-school, | ||||||
| 8 | expelled, or returning from an alternative school setting. In | ||||||
| 9 | consultation with stakeholders deemed appropriate by the State | ||||||
| 10 | Board of Education, the State Board of Education shall draft | ||||||
| 11 | and publish guidance for the re-engagement of students who are | ||||||
| 12 | suspended out-of-school, expelled, or returning from an | ||||||
| 13 | alternative school setting in accordance with this Section and | ||||||
| 14 | Section 13A-4 on or before July 1, 2025. | ||||||
| 15 | (b-30) A school district shall create a policy by which | ||||||
| 16 | suspended students, including those students suspended from | ||||||
| 17 | the school bus who do not have alternate transportation to | ||||||
| 18 | school, shall have the opportunity to make up work for | ||||||
| 19 | equivalent academic credit. It shall be the responsibility of | ||||||
| 20 | a student's parent or guardian to notify school officials that | ||||||
| 21 | a student suspended from the school bus does not have | ||||||
| 22 | alternate transportation to school. | ||||||
| 23 | (c) A school board must invite a representative from a | ||||||
| 24 | local mental health agency to consult with the board at the | ||||||
| 25 | meeting whenever there is evidence that mental illness may be | ||||||
| 26 | the cause of a student's expulsion or suspension. | ||||||
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| 1 | (c-5) School districts shall make reasonable efforts to | ||||||
| 2 | provide ongoing professional development to all school | ||||||
| 3 | personnel, school board members, and school resource officers, | ||||||
| 4 | on the requirements of this Section and Section 10-20.14, the | ||||||
| 5 | adverse consequences of school exclusion and justice-system | ||||||
| 6 | involvement, effective classroom management strategies, | ||||||
| 7 | culturally responsive discipline, trauma-responsive learning | ||||||
| 8 | environments, as defined in subsection (b) of Section 3-11, | ||||||
| 9 | the appropriate and available supportive services for the | ||||||
| 10 | promotion of student attendance and engagement, and | ||||||
| 11 | developmentally appropriate disciplinary methods that promote | ||||||
| 12 | positive and healthy school climates. | ||||||
| 13 | (d) The board may expel a student for a definite period of | ||||||
| 14 | time not to exceed 2 calendar years, as determined on a | ||||||
| 15 | case-by-case basis. | ||||||
| 16 | A student who is determined to have brought one of the | ||||||
| 17 | following objects to school, any school-sponsored activity or | ||||||
| 18 | event, or any activity or event that bears a reasonable | ||||||
| 19 | relationship to school shall be expelled for a period of not | ||||||
| 20 | less than one year: | ||||||
| 21 | (1) A firearm. For the purposes of this Section, | ||||||
| 22 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
| 23 | by Section 921 of Title 18 of the United States Code, | ||||||
| 24 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
| 25 | Identification Card Act, or firearm as defined in Section | ||||||
| 26 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
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| 1 | under this subdivision (1) may be modified by the | ||||||
| 2 | superintendent, and the superintendent's determination may | ||||||
| 3 | be modified by the board on a case-by-case basis. | ||||||
| 4 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
| 5 | regardless of its composition, a billy club, or any other | ||||||
| 6 | object if used or attempted to be used to cause bodily | ||||||
| 7 | harm, including "look alikes" of any firearm as defined in | ||||||
| 8 | subdivision (1) of this subsection (d). The expulsion | ||||||
| 9 | requirement under this subdivision (2) may be modified by | ||||||
| 10 | the superintendent, and the superintendent's determination | ||||||
| 11 | may be modified by the board on a case-by-case basis. | ||||||
| 12 | A student who is determined to have committed sexual | ||||||
| 13 | violence, sexual assault, or sexual activity with an | ||||||
| 14 | individual without the individual's consent at a school, a | ||||||
| 15 | school-sponsored activity or event, or any activity or event | ||||||
| 16 | that bears a reasonable relationship to school shall be | ||||||
| 17 | expelled for a period of not less than one year. | ||||||
| 18 | Expulsion or suspension shall be construed in a manner | ||||||
| 19 | consistent with the federal Individuals with Disabilities | ||||||
| 20 | Education Act. A student who is subject to suspension or | ||||||
| 21 | expulsion as provided in this Section may be eligible for a | ||||||
| 22 | transfer to an alternative school program in accordance with | ||||||
| 23 | Article 13A of the School Code. | ||||||
| 24 | (d-5) The board may suspend or by regulation authorize the | ||||||
| 25 | superintendent of the district or the principal, assistant | ||||||
| 26 | principal, or dean of students of any school to suspend a | ||||||
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| 1 | student for a period not to exceed 10 school days or may expel | ||||||
| 2 | a student for a definite period of time not to exceed 2 | ||||||
| 3 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
| 4 | that student has been determined to have made an explicit | ||||||
| 5 | threat on an Internet website against a school employee, a | ||||||
| 6 | student, or any school-related personnel, (ii) the Internet | ||||||
| 7 | website through which the threat was made is a site that was | ||||||
| 8 | accessible within the school at the time the threat was made or | ||||||
| 9 | was available to third parties who worked or studied within | ||||||
| 10 | the school grounds at the time the threat was made, and (iii) | ||||||
| 11 | the threat could be reasonably interpreted as threatening to | ||||||
| 12 | the safety and security of the threatened individual because | ||||||
| 13 | of the individual's duties or employment status or status as a | ||||||
| 14 | student inside the school. | ||||||
| 15 | (e) To maintain order and security in the schools, school | ||||||
| 16 | authorities may inspect and search places and areas such as | ||||||
| 17 | lockers, desks, parking lots, and other school property and | ||||||
| 18 | equipment owned or controlled by the school, as well as | ||||||
| 19 | personal effects left in those places and areas by students, | ||||||
| 20 | without notice to or the consent of the student, and without a | ||||||
| 21 | search warrant. As a matter of public policy, the General | ||||||
| 22 | Assembly finds that students have no reasonable expectation of | ||||||
| 23 | privacy in these places and areas or in their personal effects | ||||||
| 24 | left in these places and areas. School authorities may request | ||||||
| 25 | the assistance of law enforcement officials for the purpose of | ||||||
| 26 | conducting inspections and searches of lockers, desks, parking | ||||||
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| 1 | lots, and other school property and equipment owned or | ||||||
| 2 | controlled by the school for illegal drugs, weapons, or other | ||||||
| 3 | illegal or dangerous substances or materials, including | ||||||
| 4 | searches conducted through the use of specially trained dogs. | ||||||
| 5 | If a search conducted in accordance with this Section produces | ||||||
| 6 | evidence that the student has violated or is violating either | ||||||
| 7 | the law, local ordinance, or the school's policies or rules, | ||||||
| 8 | such evidence may be seized by school authorities, and | ||||||
| 9 | disciplinary action may be taken. School authorities may also | ||||||
| 10 | turn over such evidence to law enforcement authorities. | ||||||
| 11 | (f) Suspension or expulsion may include suspension or | ||||||
| 12 | expulsion from school and all school activities and a | ||||||
| 13 | prohibition from being present on school grounds. | ||||||
| 14 | (g) A school district may adopt a policy providing that if | ||||||
| 15 | a student is suspended or expelled for any reason from any | ||||||
| 16 | public or private school in this or any other state, the | ||||||
| 17 | student must complete the entire term of the suspension or | ||||||
| 18 | expulsion in an alternative school program under Article 13A | ||||||
| 19 | of this Code or an alternative learning opportunities program | ||||||
| 20 | under Article 13B of this Code before being admitted into the | ||||||
| 21 | school district if there is no threat to the safety of students | ||||||
| 22 | or staff in the alternative program. | ||||||
| 23 | (h) School officials shall not advise or encourage | ||||||
| 24 | students to drop out voluntarily due to behavioral or academic | ||||||
| 25 | difficulties. | ||||||
| 26 | (i) A student may not be issued a monetary fine or fee as a | ||||||
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| 1 | disciplinary consequence, though this shall not preclude | ||||||
| 2 | requiring a student to provide restitution for lost, stolen, | ||||||
| 3 | or damaged property. | ||||||
| 4 | (j) Subsections (a) through (i) of this Section shall | ||||||
| 5 | apply to elementary and secondary schools, charter schools, | ||||||
| 6 | special charter districts, and school districts organized | ||||||
| 7 | under Article 34 of this Code. | ||||||
| 8 | (k) The expulsion of students enrolled in programs funded | ||||||
| 9 | under Section 1C-2 of this Code is subject to the requirements | ||||||
| 10 | under paragraph (7) of subsection (a) of Section 2-3.71 of | ||||||
| 11 | this Code. | ||||||
| 12 | (l) An in-school suspension program provided by a school | ||||||
| 13 | district for any students in kindergarten through grade 12 may | ||||||
| 14 | focus on promoting non-violent conflict resolution and | ||||||
| 15 | positive interaction with other students and school personnel. | ||||||
| 16 | A school district may employ a school social worker or a | ||||||
| 17 | licensed mental health professional to oversee an in-school | ||||||
| 18 | suspension program in kindergarten through grade 12. | ||||||
| 19 | (Source: P.A. 102-539, eff. 8-20-21; 102-813, eff. 5-13-22; | ||||||
| 20 | 103-594, eff. 6-25-24; 103-896, eff. 8-9-24; revised 9-25-24.) | ||||||
| 21 | (Text of Section after amendment by P.A. 102-466) | ||||||
| 22 | Sec. 10-22.6. Suspension or expulsion of students; school | ||||||
| 23 | searches. | ||||||
| 24 | (a) To expel students guilty of gross disobedience or | ||||||
| 25 | misconduct, including gross disobedience or misconduct | ||||||
| |||||||
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| 1 | perpetuated by electronic means, pursuant to subsection (b-20) | ||||||
| 2 | of this Section, and no action shall lie against them for such | ||||||
| 3 | expulsion. Expulsion shall take place only after the parents | ||||||
| 4 | or guardians have been requested to appear at a meeting of the | ||||||
| 5 | board, or with a hearing officer appointed by it, to discuss | ||||||
| 6 | their child's behavior. Such request shall be made by | ||||||
| 7 | registered or certified mail and shall state the time, place | ||||||
| 8 | and purpose of the meeting. The board, or a hearing officer | ||||||
| 9 | appointed by it, at such meeting shall state the reasons for | ||||||
| 10 | dismissal and the date on which the expulsion is to become | ||||||
| 11 | effective. If a hearing officer is appointed by the board, the | ||||||
| 12 | hearing officer shall report to the board a written summary of | ||||||
| 13 | the evidence heard at the meeting and the board may take such | ||||||
| 14 | action thereon as it finds appropriate. If the board acts to | ||||||
| 15 | expel a student, the written expulsion decision shall detail | ||||||
| 16 | the specific reasons why removing the student from the | ||||||
| 17 | learning environment is in the best interest of the school. | ||||||
| 18 | The expulsion decision shall also include a rationale as to | ||||||
| 19 | the specific duration of the expulsion. An expelled student | ||||||
| 20 | may be immediately transferred to an alternative program in | ||||||
| 21 | the manner provided in Article 13A or 13B of this Code. A | ||||||
| 22 | student must not be denied transfer because of the expulsion, | ||||||
| 23 | except in cases in which such transfer is deemed to cause a | ||||||
| 24 | threat to the safety of students or staff in the alternative | ||||||
| 25 | program. | ||||||
| 26 | (b) To suspend or by policy to authorize the | ||||||
| |||||||
| |||||||
| 1 | superintendent of the district or the principal, assistant | ||||||
| 2 | principal, or dean of students of any school to suspend | ||||||
| 3 | students guilty of gross disobedience or misconduct, or to | ||||||
| 4 | suspend students guilty of gross disobedience or misconduct on | ||||||
| 5 | the school bus from riding the school bus, pursuant to | ||||||
| 6 | subsections (b-15) and (b-20) of this Section, and no action | ||||||
| 7 | shall lie against them for such suspension. The board may by | ||||||
| 8 | policy authorize the superintendent of the district or the | ||||||
| 9 | principal, assistant principal, or dean of students of any | ||||||
| 10 | school to suspend students guilty of such acts for a period not | ||||||
| 11 | to exceed 10 school days. If a student is suspended due to | ||||||
| 12 | gross disobedience or misconduct on a school bus, the board | ||||||
| 13 | may suspend the student in excess of 10 school days for safety | ||||||
| 14 | reasons. | ||||||
| 15 | Any suspension shall be reported immediately to the | ||||||
| 16 | parents or guardians of a student along with a full statement | ||||||
| 17 | of the reasons for such suspension and a notice of their right | ||||||
| 18 | to a review. The school board must be given a summary of the | ||||||
| 19 | notice, including the reason for the suspension and the | ||||||
| 20 | suspension length. Upon request of the parents or guardians, | ||||||
| 21 | the school board or a hearing officer appointed by it shall | ||||||
| 22 | review such action of the superintendent or principal, | ||||||
| 23 | assistant principal, or dean of students. At such review, the | ||||||
| 24 | parents or guardians of the student may appear and discuss the | ||||||
| 25 | suspension with the board or its hearing officer. If a hearing | ||||||
| 26 | officer is appointed by the board, he shall report to the board | ||||||
| |||||||
| |||||||
| 1 | a written summary of the evidence heard at the meeting. After | ||||||
| 2 | its hearing or upon receipt of the written report of its | ||||||
| 3 | hearing officer, the board may take such action as it finds | ||||||
| 4 | appropriate. If a student is suspended pursuant to this | ||||||
| 5 | subsection (b), the board shall, in the written suspension | ||||||
| 6 | decision, detail the specific act of gross disobedience or | ||||||
| 7 | misconduct resulting in the decision to suspend. The | ||||||
| 8 | suspension decision shall also include a rationale as to the | ||||||
| 9 | specific duration of the suspension. | ||||||
| 10 | (b-5) Among the many possible disciplinary interventions | ||||||
| 11 | and consequences available to school officials, school | ||||||
| 12 | exclusions, such as out-of-school suspensions and expulsions, | ||||||
| 13 | are the most serious. School officials shall limit the number | ||||||
| 14 | and duration of expulsions and suspensions to the greatest | ||||||
| 15 | extent practicable, and it is recommended that they use them | ||||||
| 16 | only for legitimate educational purposes. To ensure that | ||||||
| 17 | students are not excluded from school unnecessarily, it is | ||||||
| 18 | recommended that school officials consider forms of | ||||||
| 19 | non-exclusionary discipline prior to using out-of-school | ||||||
| 20 | suspensions or expulsions. | ||||||
| 21 | (b-10) Unless otherwise required by federal law or this | ||||||
| 22 | Code, school boards may not institute zero-tolerance policies | ||||||
| 23 | by which school administrators are required to suspend or | ||||||
| 24 | expel students for particular behaviors. | ||||||
| 25 | (b-15) Out-of-school suspensions of 3 days or less may be | ||||||
| 26 | used only if the student's continuing presence in school would | ||||||
| |||||||
| |||||||
| 1 | pose a threat to school safety or a disruption to other | ||||||
| 2 | students' learning opportunities. For purposes of this | ||||||
| 3 | subsection (b-15), "threat to school safety or a disruption to | ||||||
| 4 | other students' learning opportunities" shall be determined on | ||||||
| 5 | a case-by-case basis by the school board or its designee. | ||||||
| 6 | School officials shall make all reasonable efforts to resolve | ||||||
| 7 | such threats, address such disruptions, and minimize the | ||||||
| 8 | length of suspensions to the greatest extent practicable. | ||||||
| 9 | (b-20) Unless otherwise required by this Code, | ||||||
| 10 | out-of-school suspensions of longer than 3 days, expulsions, | ||||||
| 11 | and disciplinary removals to alternative schools may be used | ||||||
| 12 | only if other appropriate and available behavioral and | ||||||
| 13 | disciplinary interventions have been exhausted and the | ||||||
| 14 | student's continuing presence in school would either (i) pose | ||||||
| 15 | a threat to the safety of other students, staff, or members of | ||||||
| 16 | the school community or (ii) substantially disrupt, impede, or | ||||||
| 17 | interfere with the operation of the school. For purposes of | ||||||
| 18 | this subsection (b-20), "threat to the safety of other | ||||||
| 19 | students, staff, or members of the school community" and | ||||||
| 20 | "substantially disrupt, impede, or interfere with the | ||||||
| 21 | operation of the school" shall be determined on a case-by-case | ||||||
| 22 | basis by school officials. For purposes of this subsection | ||||||
| 23 | (b-20), the determination of whether "appropriate and | ||||||
| 24 | available behavioral and disciplinary interventions have been | ||||||
| 25 | exhausted" shall be made by school officials. School officials | ||||||
| 26 | shall make all reasonable efforts to resolve such threats, | ||||||
| |||||||
| |||||||
| 1 | address such disruptions, and minimize the length of student | ||||||
| 2 | exclusions to the greatest extent practicable. Within the | ||||||
| 3 | suspension decision described in subsection (b) of this | ||||||
| 4 | Section or the expulsion decision described in subsection (a) | ||||||
| 5 | of this Section, it shall be documented whether other | ||||||
| 6 | interventions were attempted or whether it was determined that | ||||||
| 7 | there were no other appropriate and available interventions. | ||||||
| 8 | (b-25) Students who are suspended out-of-school for longer | ||||||
| 9 | than 3 school days shall be provided appropriate and available | ||||||
| 10 | support services during the period of their suspension. For | ||||||
| 11 | purposes of this subsection (b-25), "appropriate and available | ||||||
| 12 | support services" shall be determined by school authorities. | ||||||
| 13 | Within the suspension decision described in subsection (b) of | ||||||
| 14 | this Section, it shall be documented whether such services are | ||||||
| 15 | to be provided or whether it was determined that there are no | ||||||
| 16 | such appropriate and available services. | ||||||
| 17 | A school district may refer students who are expelled to | ||||||
| 18 | appropriate and available support services. | ||||||
| 19 | A school district shall create a policy to facilitate the | ||||||
| 20 | re-engagement of students who are suspended out-of-school, | ||||||
| 21 | expelled, or returning from an alternative school setting. In | ||||||
| 22 | consultation with stakeholders deemed appropriate by the State | ||||||
| 23 | Board of Education, the State Board of Education shall draft | ||||||
| 24 | and publish guidance for the re-engagement of students who are | ||||||
| 25 | suspended out-of-school, expelled, or returning from an | ||||||
| 26 | alternative school setting in accordance with this Section and | ||||||
| |||||||
| |||||||
| 1 | Section 13A-4 on or before July 1, 2025. | ||||||
| 2 | (b-30) A school district shall create a policy by which | ||||||
| 3 | suspended students, including those students suspended from | ||||||
| 4 | the school bus who do not have alternate transportation to | ||||||
| 5 | school, shall have the opportunity to make up work for | ||||||
| 6 | equivalent academic credit. It shall be the responsibility of | ||||||
| 7 | a student's parents or guardians to notify school officials | ||||||
| 8 | that a student suspended from the school bus does not have | ||||||
| 9 | alternate transportation to school. | ||||||
| 10 | (b-35) In all suspension review hearings conducted under | ||||||
| 11 | subsection (b) or expulsion hearings conducted under | ||||||
| 12 | subsection (a), a student may disclose any factor to be | ||||||
| 13 | considered in mitigation, including his or her status as a | ||||||
| 14 | parent, expectant parent, or victim of domestic or sexual | ||||||
| 15 | violence, as defined in Article 26A. A representative of the | ||||||
| 16 | parent's or guardian's choice, or of the student's choice if | ||||||
| 17 | emancipated, must be permitted to represent the student | ||||||
| 18 | throughout the proceedings and to address the school board or | ||||||
| 19 | its appointed hearing officer. With the approval of the | ||||||
| 20 | student's parent or guardian, or of the student if | ||||||
| 21 | emancipated, a support person must be permitted to accompany | ||||||
| 22 | the student to any disciplinary hearings or proceedings. The | ||||||
| 23 | representative or support person must comply with any rules of | ||||||
| 24 | the school district's hearing process. If the representative | ||||||
| 25 | or support person violates the rules or engages in behavior or | ||||||
| 26 | advocacy that harasses, abuses, or intimidates either party, a | ||||||
| |||||||
| |||||||
| 1 | witness, or anyone else in attendance at the hearing, the | ||||||
| 2 | representative or support person may be prohibited from | ||||||
| 3 | further participation in the hearing or proceeding. A | ||||||
| 4 | suspension or expulsion proceeding under this subsection | ||||||
| 5 | (b-35) must be conducted independently from any ongoing | ||||||
| 6 | criminal investigation or proceeding, and an absence of | ||||||
| 7 | pending or possible criminal charges, criminal investigations, | ||||||
| 8 | or proceedings may not be a factor in school disciplinary | ||||||
| 9 | decisions. | ||||||
| 10 | (b-40) During a suspension review hearing conducted under | ||||||
| 11 | subsection (b) or an expulsion hearing conducted under | ||||||
| 12 | subsection (a) that involves allegations of sexual violence by | ||||||
| 13 | the student who is subject to discipline, neither the student | ||||||
| 14 | nor his or her representative shall directly question nor have | ||||||
| 15 | direct contact with the alleged victim. The student who is | ||||||
| 16 | subject to discipline or his or her representative may, at the | ||||||
| 17 | discretion and direction of the school board or its appointed | ||||||
| 18 | hearing officer, suggest questions to be posed by the school | ||||||
| 19 | board or its appointed hearing officer to the alleged victim. | ||||||
| 20 | (c) A school board must invite a representative from a | ||||||
| 21 | local mental health agency to consult with the board at the | ||||||
| 22 | meeting whenever there is evidence that mental illness may be | ||||||
| 23 | the cause of a student's expulsion or suspension. | ||||||
| 24 | (c-5) School districts shall make reasonable efforts to | ||||||
| 25 | provide ongoing professional development to all school | ||||||
| 26 | personnel, school board members, and school resource officers | ||||||
| |||||||
| |||||||
| 1 | on the requirements of this Section and Section 10-20.14, the | ||||||
| 2 | adverse consequences of school exclusion and justice-system | ||||||
| 3 | involvement, effective classroom management strategies, | ||||||
| 4 | culturally responsive discipline, trauma-responsive learning | ||||||
| 5 | environments, as defined in subsection (b) of Section 3-11, | ||||||
| 6 | the appropriate and available supportive services for the | ||||||
| 7 | promotion of student attendance and engagement, and | ||||||
| 8 | developmentally appropriate disciplinary methods that promote | ||||||
| 9 | positive and healthy school climates. | ||||||
| 10 | (d) The board may expel a student for a definite period of | ||||||
| 11 | time not to exceed 2 calendar years, as determined on a | ||||||
| 12 | case-by-case basis. | ||||||
| 13 | A student who is determined to have brought one of the | ||||||
| 14 | following objects to school, any school-sponsored activity or | ||||||
| 15 | event, or any activity or event that bears a reasonable | ||||||
| 16 | relationship to school shall be expelled for a period of not | ||||||
| 17 | less than one year: | ||||||
| 18 | (1) A firearm. For the purposes of this Section, | ||||||
| 19 | "firearm" means any gun, rifle, shotgun, weapon as defined | ||||||
| 20 | by Section 921 of Title 18 of the United States Code, | ||||||
| 21 | firearm as defined in Section 1.1 of the Firearm Owners | ||||||
| 22 | Identification Card Act, or firearm as defined in Section | ||||||
| 23 | 24-1 of the Criminal Code of 2012. The expulsion period | ||||||
| 24 | under this subdivision (1) may be modified by the | ||||||
| 25 | superintendent, and the superintendent's determination may | ||||||
| 26 | be modified by the board on a case-by-case basis. | ||||||
| |||||||
| |||||||
| 1 | (2) A knife, brass knuckles or other knuckle weapon | ||||||
| 2 | regardless of its composition, a billy club, or any other | ||||||
| 3 | object if used or attempted to be used to cause bodily | ||||||
| 4 | harm, including "look alikes" of any firearm as defined in | ||||||
| 5 | subdivision (1) of this subsection (d). The expulsion | ||||||
| 6 | requirement under this subdivision (2) may be modified by | ||||||
| 7 | the superintendent, and the superintendent's determination | ||||||
| 8 | may be modified by the board on a case-by-case basis. | ||||||
| 9 | A student who is determined to have committed sexual | ||||||
| 10 | violence, sexual assault, or sexual activity with an | ||||||
| 11 | individual without the individual's consent at a school, a | ||||||
| 12 | school-sponsored activity or event, or any activity or event | ||||||
| 13 | that bears a reasonable relationship to school shall be | ||||||
| 14 | expelled for a period of not less than one year. | ||||||
| 15 | Expulsion or suspension shall be construed in a manner | ||||||
| 16 | consistent with the federal Individuals with Disabilities | ||||||
| 17 | Education Act. A student who is subject to suspension or | ||||||
| 18 | expulsion as provided in this Section may be eligible for a | ||||||
| 19 | transfer to an alternative school program in accordance with | ||||||
| 20 | Article 13A of the School Code. | ||||||
| 21 | (d-5) The board may suspend or by regulation authorize the | ||||||
| 22 | superintendent of the district or the principal, assistant | ||||||
| 23 | principal, or dean of students of any school to suspend a | ||||||
| 24 | student for a period not to exceed 10 school days or may expel | ||||||
| 25 | a student for a definite period of time not to exceed 2 | ||||||
| 26 | calendar years, as determined on a case-by-case basis, if (i) | ||||||
| |||||||
| |||||||
| 1 | that student has been determined to have made an explicit | ||||||
| 2 | threat on an Internet website against a school employee, a | ||||||
| 3 | student, or any school-related personnel, (ii) the Internet | ||||||
| 4 | website through which the threat was made is a site that was | ||||||
| 5 | accessible within the school at the time the threat was made or | ||||||
| 6 | was available to third parties who worked or studied within | ||||||
| 7 | the school grounds at the time the threat was made, and (iii) | ||||||
| 8 | the threat could be reasonably interpreted as threatening to | ||||||
| 9 | the safety and security of the threatened individual because | ||||||
| 10 | of the individual's duties or employment status or status as a | ||||||
| 11 | student inside the school. | ||||||
| 12 | (e) To maintain order and security in the schools, school | ||||||
| 13 | authorities may inspect and search places and areas such as | ||||||
| 14 | lockers, desks, parking lots, and other school property and | ||||||
| 15 | equipment owned or controlled by the school, as well as | ||||||
| 16 | personal effects left in those places and areas by students, | ||||||
| 17 | without notice to or the consent of the student, and without a | ||||||
| 18 | search warrant. As a matter of public policy, the General | ||||||
| 19 | Assembly finds that students have no reasonable expectation of | ||||||
| 20 | privacy in these places and areas or in their personal effects | ||||||
| 21 | left in these places and areas. School authorities may request | ||||||
| 22 | the assistance of law enforcement officials for the purpose of | ||||||
| 23 | conducting inspections and searches of lockers, desks, parking | ||||||
| 24 | lots, and other school property and equipment owned or | ||||||
| 25 | controlled by the school for illegal drugs, weapons, or other | ||||||
| 26 | illegal or dangerous substances or materials, including | ||||||
| |||||||
| |||||||
| 1 | searches conducted through the use of specially trained dogs. | ||||||
| 2 | If a search conducted in accordance with this Section produces | ||||||
| 3 | evidence that the student has violated or is violating either | ||||||
| 4 | the law, local ordinance, or the school's policies or rules, | ||||||
| 5 | such evidence may be seized by school authorities, and | ||||||
| 6 | disciplinary action may be taken. School authorities may also | ||||||
| 7 | turn over such evidence to law enforcement authorities. | ||||||
| 8 | (f) Suspension or expulsion may include suspension or | ||||||
| 9 | expulsion from school and all school activities and a | ||||||
| 10 | prohibition from being present on school grounds. | ||||||
| 11 | (g) A school district may adopt a policy providing that if | ||||||
| 12 | a student is suspended or expelled for any reason from any | ||||||
| 13 | public or private school in this or any other state, the | ||||||
| 14 | student must complete the entire term of the suspension or | ||||||
| 15 | expulsion in an alternative school program under Article 13A | ||||||
| 16 | of this Code or an alternative learning opportunities program | ||||||
| 17 | under Article 13B of this Code before being admitted into the | ||||||
| 18 | school district if there is no threat to the safety of students | ||||||
| 19 | or staff in the alternative program. A school district that | ||||||
| 20 | adopts a policy under this subsection (g) must include a | ||||||
| 21 | provision allowing for consideration of any mitigating | ||||||
| 22 | factors, including, but not limited to, a student's status as | ||||||
| 23 | a parent, expectant parent, or victim of domestic or sexual | ||||||
| 24 | violence, as defined in Article 26A. | ||||||
| 25 | (h) School officials shall not advise or encourage | ||||||
| 26 | students to drop out voluntarily due to behavioral or academic | ||||||
| |||||||
| |||||||
| 1 | difficulties. | ||||||
| 2 | (i) A student may not be issued a monetary fine or fee as a | ||||||
| 3 | disciplinary consequence, though this shall not preclude | ||||||
| 4 | requiring a student to provide restitution for lost, stolen, | ||||||
| 5 | or damaged property. | ||||||
| 6 | (j) Subsections (a) through (i) of this Section shall | ||||||
| 7 | apply to elementary and secondary schools, charter schools, | ||||||
| 8 | special charter districts, and school districts organized | ||||||
| 9 | under Article 34 of this Code. | ||||||
| 10 | (k) Through June 30, 2026, the expulsion of students | ||||||
| 11 | enrolled in programs funded under Section 1C-2 of this Code is | ||||||
| 12 | subject to the requirements under paragraph (7) of subsection | ||||||
| 13 | (a) of Section 2-3.71 of this Code. | ||||||
| 14 | (k-5) On and after July 1, 2026, the expulsion of children | ||||||
| 15 | enrolled in programs funded under Section 15-25 of the | ||||||
| 16 | Department of Early Childhood Act is subject to the | ||||||
| 17 | requirements of paragraph (7) of subsection (a) of Section | ||||||
| 18 | 15-30 of the Department of Early Childhood Act. | ||||||
| 19 | (l) An in-school suspension program provided by a school | ||||||
| 20 | district for any students in kindergarten through grade 12 may | ||||||
| 21 | focus on promoting non-violent conflict resolution and | ||||||
| 22 | positive interaction with other students and school personnel. | ||||||
| 23 | A school district may employ a school social worker or a | ||||||
| 24 | licensed mental health professional to oversee an in-school | ||||||
| 25 | suspension program in kindergarten through grade 12. | ||||||
| 26 | (Source: P.A. 102-466, eff. 7-1-25; 102-539, eff. 8-20-21; | ||||||
| |||||||
| |||||||
| 1 | 102-813, eff. 5-13-22; 103-594, eff. 6-25-24; 103-896, eff. | ||||||
| 2 | 8-9-24; revised 9-25-24.) | ||||||
| 3 | Section 95. No acceleration or delay. Where this Act makes | ||||||
| 4 | changes in a statute that is represented in this Act by text | ||||||
| 5 | that is not yet or no longer in effect (for example, a Section | ||||||
| 6 | represented by multiple versions), the use of that text does | ||||||
| 7 | not accelerate or delay the taking effect of (i) the changes | ||||||
| 8 | made by this Act or (ii) provisions derived from any other | ||||||
| 9 | Public Act. | ||||||
| 10 | Section 99. Effective date. This Act takes effect upon | ||||||
| 11 | becoming law. | ||||||
