093_HB0205ham001
LRB093 04208 NHT 11097 a
1 AMENDMENT TO HOUSE BILL 205
2 AMENDMENT NO. . Amend House Bill 205 by replacing
3 the title with the following:
4 "AN ACT concerning schools, which may be referred to as
5 the Safe Options for Suspension Act."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The School Code is amended by changing
9 Sections 10-22.6 and 34-19 as follows:
10 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
11 Sec. 10-22.6. Suspension or expulsion of pupils; school
12 searches.
13 (a) To expel pupils guilty of gross disobedience or
14 misconduct, and no action shall lie against them for such
15 expulsion. Expulsion shall take place only after the parents
16 have been requested to appear at a meeting of the board, or
17 with a hearing officer appointed by it, to discuss their
18 child's behavior. Such request shall be made by registered or
19 certified mail and shall state the time, place and purpose of
20 the meeting. The board, or a hearing officer appointed by it,
21 at such meeting shall state the reasons for dismissal and the
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1 date on which the expulsion is to become effective. If a
2 hearing officer is appointed by the board he shall report to
3 the board a written summary of the evidence heard at the
4 meeting and the board may take such action thereon as it
5 finds appropriate.
6 (b) To suspend or by regulation to authorize the
7 superintendent of the district or the principal, assistant
8 principal, or dean of students of any school to suspend
9 pupils guilty of gross disobedience or misconduct, or to
10 suspend pupils guilty of gross disobedience or misconduct on
11 the school bus from riding the school bus, and no action
12 shall lie against them for such suspension. The board may by
13 regulation authorize the superintendent of the district or
14 the principal, assistant principal, or dean of students of
15 any school to suspend pupils guilty of such acts for a period
16 not to exceed 10 school days. If a pupil is suspended due to
17 gross disobedience or misconduct on a school bus, the board
18 may suspend the pupil in excess of 10 school days for safety
19 reasons. Any suspension shall be reported immediately to the
20 parents or guardian of such pupil along with a full statement
21 of the reasons for such suspension and a notice of their
22 right to a review, a copy of which shall be given to the
23 school board. Upon request of the parents or guardian the
24 school board or a hearing officer appointed by it shall
25 review such action of the superintendent or principal,
26 assistant principal, or dean of students. At such review the
27 parents or guardian of the pupil may appear and discuss the
28 suspension with the board or its hearing officer. If a
29 hearing officer is appointed by the board he shall report to
30 the board a written summary of the evidence heard at the
31 meeting. After its hearing or upon receipt of the written
32 report of its hearing officer, the board may take such action
33 as it finds appropriate.
34 Each school board shall compile a list of local
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1 facilities and organizations that have an education program
2 that a suspended student can attend during the period of time
3 of his or her suspension. A copy of the list shall be filed
4 with the State Board of Education. The suspension may not
5 take effect until the school board provides the student and
6 the student's parents or guardian with a copy of the list and
7 an official notice of suspension that may be shown to the
8 education program that the student is to attend to prove that
9 the student is not a truant.
10 (c) The Department of Human Services shall be invited to
11 send a representative to consult with the board at such
12 meeting whenever there is evidence that mental illness may be
13 the cause for expulsion or suspension.
14 (d) The board may expel a student for a definite period
15 of time not to exceed 2 calendar years, as determined on a
16 case by case basis. A student who is determined to have
17 brought a weapon to school, any school-sponsored activity or
18 event, or any activity or event which bears a reasonable
19 relationship to school shall be expelled for a period of not
20 less than one year, except that the expulsion period may be
21 modified by the superintendent, and the superintendent's
22 determination may be modified by the board on a case by case
23 basis. For the purpose of this Section, the term "weapon"
24 means (1) possession, use, control, or transfer of any gun,
25 rifle, shotgun, weapon as defined by Section 921 of Title 18,
26 United States Code, firearm as defined in Section 1.1 of the
27 Firearm Owners Identification Act, or use of a weapon as
28 defined in Section 24-1 of the Criminal Code, (2) any other
29 object if used or attempted to be used to cause bodily harm,
30 including but not limited to, knives, brass knuckles, or
31 billy clubs, or (3) "look alikes" of any weapon as defined in
32 this Section. Expulsion or suspension shall be construed in a
33 manner consistent with the Federal Individuals with
34 Disabilities Education Act. A student who is subject to
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1 suspension or expulsion as provided in this Section may be
2 eligible for a transfer to an alternative school program in
3 accordance with Article 13A of the School Code. The
4 provisions of this subsection (d) apply in all school
5 districts, including special charter districts and districts
6 organized under Article 34.
7 (e) To maintain order and security in the schools,
8 school authorities may inspect and search places and areas
9 such as lockers, desks, parking lots, and other school
10 property and equipment owned or controlled by the school, as
11 well as personal effects left in those places and areas by
12 students, without notice to or the consent of the student,
13 and without a search warrant. As a matter of public policy,
14 the General Assembly finds that students have no reasonable
15 expectation of privacy in these places and areas or in their
16 personal effects left in these places and areas. School
17 authorities may request the assistance of law enforcement
18 officials for the purpose of conducting inspections and
19 searches of lockers, desks, parking lots, and other school
20 property and equipment owned or controlled by the school for
21 illegal drugs, weapons, or other illegal or dangerous
22 substances or materials, including searches conducted through
23 the use of specially trained dogs. If a search conducted in
24 accordance with this Section produces evidence that the
25 student has violated or is violating either the law, local
26 ordinance, or the school's policies or rules, such evidence
27 may be seized by school authorities, and disciplinary action
28 may be taken. School authorities may also turn over such
29 evidence to law enforcement authorities. The provisions of
30 this subsection (e) apply in all school districts, including
31 special charter districts and districts organized under
32 Article 34.
33 (f) Suspension or expulsion may include suspension or
34 expulsion from school and all school activities and a
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1 prohibition from being present on school grounds.
2 (g) A school district may adopt a policy providing that
3 if a student is suspended or expelled for any reason from any
4 public or private school in this or any other state, the
5 student must complete the entire term of the suspension or
6 expulsion before being admitted into the school district.
7 This policy may allow placement of the student in an
8 alternative school program established under Article 13A of
9 this Code, if available, for the remainder of the suspension
10 or expulsion. This subsection (g) applies to all school
11 districts, including special charter districts and districts
12 organized under Article 34 of this Code.
13 (Source: P.A. 92-64, eff. 7-12-01.)
14 (105 ILCS 5/34-19) (from Ch. 122, par. 34-19)
15 Sec. 34-19. By-laws, rules and regulations; business
16 transacted at regular meetings; voting; records. The board
17 shall, subject to the limitations in this Article, establish
18 by-laws, rules and regulations, which shall have the force of
19 ordinances, for the proper maintenance of a uniform system of
20 discipline for both employees and pupils, and for the entire
21 management of the schools, and may fix the school age of
22 pupils, the minimum of which in kindergartens shall not be
23 under 4 years and in grade schools shall not be under 6
24 years. It may expel, suspend or, subject to the limitations
25 of all policies established or adopted under Section 14-8.05,
26 otherwise discipline any pupil found guilty of gross
27 disobedience, misconduct or other violation of the by-laws,
28 rules and regulations. The board shall compile a list of
29 local facilities and organizations that have an education
30 program that a suspended student can attend during the period
31 of time of his or her suspension. A copy of the list shall be
32 filed with the State Board of Education. The suspension may
33 not take effect until the board provides the student and the
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1 student's parents or guardian with a copy of the list and an
2 official notice of suspension that may be shown to the
3 education program that the student is to attend to prove that
4 the student is not a truant. The bylaws, rules and
5 regulations of the board shall be enacted, money shall be
6 appropriated or expended, salaries shall be fixed or changed,
7 and textbooks and courses of instruction shall be adopted or
8 changed only at the regular meetings of the board and by a
9 vote of a majority of the full membership of the board;
10 provided that notwithstanding any other provision of this
11 Article or the School Code, neither the board or any local
12 school council may purchase any textbook for use in any
13 public school of the district from any textbook publisher
14 that fails to furnish any computer diskettes as required
15 under Section 28-21. The board shall be further encouraged to
16 provide opportunities for public hearing and testimony before
17 the adoption of bylaws, rules and regulations. Upon all
18 propositions requiring for their adoption at least a majority
19 of all the members of the board the yeas and nays shall be
20 taken and reported. The by-laws, rules and regulations of the
21 board shall not be repealed, amended or added to, except by a
22 vote of 2/3 of the full membership of the board. The board
23 shall keep a record of all its proceedings. Such records and
24 all by-laws, rules and regulations, or parts thereof, may be
25 proved by a copy thereof certified to be such by the
26 secretary of the board, but if they are printed in book or
27 pamphlet form which are purported to be published by
28 authority of the board they need not be otherwise published
29 and the book or pamphlet shall be received as evidence,
30 without further proof, of the records, by-laws, rules and
31 regulations, or any part thereof, as of the dates thereof as
32 shown in such book or pamphlet, in all courts and places
33 where judicial proceedings are had.
34 Notwithstanding any other provision in this Article or in
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1 the School Code, the board may delegate to the general
2 superintendent or to the attorney the authorities granted to
3 the board in the School Code, provided such delegation and
4 appropriate oversight procedures are made pursuant to board
5 by-laws, rules and regulations, adopted as herein provided,
6 except that the board may not delegate its authorities and
7 responsibilities regarding (1) budget approval obligations;
8 (2) rule-making functions; (3) desegregation obligations; (4)
9 real estate acquisition, sale or lease in excess of 10 years
10 as provided in Section 34-21; (5) the levy of taxes; or (6)
11 any mandates imposed upon the board by "An Act in relation to
12 school reform in cities over 500,000, amending Acts herein
13 named", approved December 12, 1988 (P.A. 85-1418).
14 (Source: P.A. 88-45; 89-15, eff. 5-30-95.)
15 Section 99. Effective date. This Act takes effect upon
16 becoming law.".