093_HB0205eng HB0205 Engrossed LRB093 04208 NHT 04253 b 1 AN ACT concerning schools, which may be referred to as 2 the Safe Options for Suspension Act. 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. 24 (b) To suspend or by regulation to authorize the 25 superintendent of the district or the principal, assistant 26 principal, or dean of students of any school to suspend 27 pupils guilty of gross disobedience or misconduct, or to 28 suspend pupils guilty of gross disobedience or misconduct on 29 the school bus from riding the school bus, and no action 30 shall lie against them for such suspension. The board may by 31 regulation authorize the superintendent of the district or HB0205 Engrossed -2- LRB093 04208 NHT 04253 b 1 the principal, assistant principal, or dean of students of 2 any school to suspend pupils guilty of such acts for a period 3 not to exceed 10 school days. If a pupil is suspended due to 4 gross disobedience or misconduct on a school bus, the board 5 may suspend the pupil in excess of 10 school days for safety 6 reasons. Any suspension shall be reported immediately to the 7 parents or guardian of such pupil along with a full statement 8 of the reasons for such suspension and a notice of their 9 right to a review, a copy of which shall be given to the 10 school board. Upon request of the parents or guardian the 11 school board or a hearing officer appointed by it shall 12 review such action of the superintendent or principal, 13 assistant principal, or dean of students. At such review the 14 parents or guardian of the pupil may appear and discuss the 15 suspension with the board or its hearing officer. If a 16 hearing officer is appointed by the board he shall report to 17 the board a written summary of the evidence heard at the 18 meeting. After its hearing or upon receipt of the written 19 report of its hearing officer, the board may take such action 20 as it finds appropriate. 21 Each school board shall compile a list of local 22 facilities and organizations that have an education program 23 that a suspended student can attend during the period of time 24 of his or her suspension, if available. A copy of the list 25 shall be filed with the State Board of Education. The 26 suspension may not take effect until the school board 27 provides the student and the student's parents or guardian 28 with a copy of the list and an official notice of suspension 29 that may be shown to the education program that the student 30 is to attend to prove that the student is not a truant. 31 (c) The Department of Human Services shall be invited to 32 send a representative to consult with the board at such 33 meeting whenever there is evidence that mental illness may be 34 the cause for expulsion or suspension. HB0205 Engrossed -3- LRB093 04208 NHT 04253 b 1 (d) The board may expel a student for a definite period 2 of time not to exceed 2 calendar years, as determined on a 3 case by case basis. A student who is determined to have 4 brought a weapon to school, any school-sponsored activity or 5 event, or any activity or event which bears a reasonable 6 relationship to school shall be expelled for a period of not 7 less than one year, except that the expulsion period may be 8 modified by the superintendent, and the superintendent's 9 determination may be modified by the board on a case by case 10 basis. For the purpose of this Section, the term "weapon" 11 means (1) possession, use, control, or transfer of any gun, 12 rifle, shotgun, weapon as defined by Section 921 of Title 18, 13 United States Code, firearm as defined in Section 1.1 of the 14 Firearm Owners Identification Act, or use of a weapon as 15 defined in Section 24-1 of the Criminal Code, (2) any other 16 object if used or attempted to be used to cause bodily harm, 17 including but not limited to, knives, brass knuckles, or 18 billy clubs, or (3) "look alikes" of any weapon as defined in 19 this Section. Expulsion or suspension shall be construed in a 20 manner consistent with the Federal Individuals with 21 Disabilities Education Act. A student who is subject to 22 suspension or expulsion as provided in this Section may be 23 eligible for a transfer to an alternative school program in 24 accordance with Article 13A of the School Code. The 25 provisions of this subsection (d) apply in all school 26 districts, including special charter districts and districts 27 organized under Article 34. 28 (e) To maintain order and security in the schools, 29 school authorities may inspect and search places and areas 30 such as lockers, desks, parking lots, and other school 31 property and equipment owned or controlled by the school, as 32 well as personal effects left in those places and areas by 33 students, without notice to or the consent of the student, 34 and without a search warrant. As a matter of public policy, HB0205 Engrossed -4- LRB093 04208 NHT 04253 b 1 the General Assembly finds that students have no reasonable 2 expectation of privacy in these places and areas or in their 3 personal effects left in these places and areas. School 4 authorities may request the assistance of law enforcement 5 officials for the purpose of conducting inspections and 6 searches of lockers, desks, parking lots, and other school 7 property and equipment owned or controlled by the school for 8 illegal drugs, weapons, or other illegal or dangerous 9 substances or materials, including searches conducted through 10 the use of specially trained dogs. If a search conducted in 11 accordance with this Section produces evidence that the 12 student has violated or is violating either the law, local 13 ordinance, or the school's policies or rules, such evidence 14 may be seized by school authorities, and disciplinary action 15 may be taken. School authorities may also turn over such 16 evidence to law enforcement authorities. The provisions of 17 this subsection (e) apply in all school districts, including 18 special charter districts and districts organized under 19 Article 34. 20 (f) Suspension or expulsion may include suspension or 21 expulsion from school and all school activities and a 22 prohibition from being present on school grounds. 23 (g) A school district may adopt a policy providing that 24 if a student is suspended or expelled for any reason from any 25 public or private school in this or any other state, the 26 student must complete the entire term of the suspension or 27 expulsion before being admitted into the school district. 28 This policy may allow placement of the student in an 29 alternative school program established under Article 13A of 30 this Code, if available, for the remainder of the suspension 31 or expulsion. This subsection (g) applies to all school 32 districts, including special charter districts and districts 33 organized under Article 34 of this Code. 34 (Source: P.A. 92-64, eff. 7-12-01.) HB0205 Engrossed -5- LRB093 04208 NHT 04253 b 1 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19) 2 Sec. 34-19. By-laws, rules and regulations; business 3 transacted at regular meetings; voting; records. The board 4 shall, subject to the limitations in this Article, establish 5 by-laws, rules and regulations, which shall have the force of 6 ordinances, for the proper maintenance of a uniform system of 7 discipline for both employees and pupils, and for the entire 8 management of the schools, and may fix the school age of 9 pupils, the minimum of which in kindergartens shall not be 10 under 4 years and in grade schools shall not be under 6 11 years. It may expel, suspend or, subject to the limitations 12 of all policies established or adopted under Section 14-8.05, 13 otherwise discipline any pupil found guilty of gross 14 disobedience, misconduct or other violation of the by-laws, 15 rules and regulations. The board shall compile a list of 16 local facilities and organizations that have an education 17 program that a suspended student can attend during the period 18 of time of his or her suspension, if available. A copy of the 19 list shall be filed with the State Board of Education. The 20 suspension may not take effect until the board provides the 21 student and the student's parents or guardian with a copy of 22 the list and an official notice of suspension that may be 23 shown to the education program that the student is to attend 24 to prove that the student is not a truant. The bylaws, rules 25 and regulations of the board shall be enacted, money shall be 26 appropriated or expended, salaries shall be fixed or changed, 27 and textbooks and courses of instruction shall be adopted or 28 changed only at the regular meetings of the board and by a 29 vote of a majority of the full membership of the board; 30 provided that notwithstanding any other provision of this 31 Article or the School Code, neither the board or any local 32 school council may purchase any textbook for use in any 33 public school of the district from any textbook publisher 34 that fails to furnish any computer diskettes as required HB0205 Engrossed -6- LRB093 04208 NHT 04253 b 1 under Section 28-21. The board shall be further encouraged to 2 provide opportunities for public hearing and testimony before 3 the adoption of bylaws, rules and regulations. Upon all 4 propositions requiring for their adoption at least a majority 5 of all the members of the board the yeas and nays shall be 6 taken and reported. The by-laws, rules and regulations of the 7 board shall not be repealed, amended or added to, except by a 8 vote of 2/3 of the full membership of the board. The board 9 shall keep a record of all its proceedings. Such records and 10 all by-laws, rules and regulations, or parts thereof, may be 11 proved by a copy thereof certified to be such by the 12 secretary of the board, but if they are printed in book or 13 pamphlet form which are purported to be published by 14 authority of the board they need not be otherwise published 15 and the book or pamphlet shall be received as evidence, 16 without further proof, of the records, by-laws, rules and 17 regulations, or any part thereof, as of the dates thereof as 18 shown in such book or pamphlet, in all courts and places 19 where judicial proceedings are had. 20 Notwithstanding any other provision in this Article or in 21 the School Code, the board may delegate to the general 22 superintendent or to the attorney the authorities granted to 23 the board in the School Code, provided such delegation and 24 appropriate oversight procedures are made pursuant to board 25 by-laws, rules and regulations, adopted as herein provided, 26 except that the board may not delegate its authorities and 27 responsibilities regarding (1) budget approval obligations; 28 (2) rule-making functions; (3) desegregation obligations; (4) 29 real estate acquisition, sale or lease in excess of 10 years 30 as provided in Section 34-21; (5) the levy of taxes; or (6) 31 any mandates imposed upon the board by "An Act in relation to 32 school reform in cities over 500,000, amending Acts herein 33 named", approved December 12, 1988 (P.A. 85-1418). 34 (Source: P.A. 88-45; 89-15, eff. 5-30-95.) HB0205 Engrossed -7- LRB093 04208 NHT 04253 b 1 Section 99. Effective date. This Act takes effect upon 2 becoming law.