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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Sections | |||||||||||||||||||||
5 | 10-22.6 and 24-24 as follows:
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6 | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
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7 | Sec. 10-22.6. Suspension or expulsion of pupils; school | |||||||||||||||||||||
8 | searches.
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9 | (a) To expel pupils guilty of gross disobedience or | |||||||||||||||||||||
10 | misconduct, and
no action shall lie against them for such | |||||||||||||||||||||
11 | expulsion. Expulsion shall
take place only after the parents | |||||||||||||||||||||
12 | have been requested to appear at a
meeting of the board, or | |||||||||||||||||||||
13 | with a hearing officer appointed by it, to
discuss their | |||||||||||||||||||||
14 | child's behavior. Such request shall be made by registered
or | |||||||||||||||||||||
15 | certified mail and shall state the time, place and purpose of | |||||||||||||||||||||
16 | the
meeting. The board, or a hearing officer appointed by it, | |||||||||||||||||||||
17 | at such
meeting shall state the reasons for dismissal and the | |||||||||||||||||||||
18 | date on which the
expulsion is to become effective. If a | |||||||||||||||||||||
19 | hearing officer is appointed by
the board he shall report to | |||||||||||||||||||||
20 | the board a written summary of the evidence
heard at the | |||||||||||||||||||||
21 | meeting and the board may take such action thereon as it
finds | |||||||||||||||||||||
22 | appropriate.
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23 | (b) To suspend or by regulation to authorize the |
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1 | superintendent of
the district or the principal, assistant | ||||||
2 | principal, or dean of students
of any school to suspend pupils | ||||||
3 | guilty of gross disobedience or misconduct, or
to suspend | ||||||
4 | pupils guilty of gross disobedience or misconduct on the school | ||||||
5 | bus
from riding the school bus, and no action
shall lie against | ||||||
6 | them for such suspension. The board may by regulation
authorize | ||||||
7 | the superintendent of the district or the principal, assistant
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8 | principal, or dean of students of any
school to suspend pupils | ||||||
9 | guilty of such acts for a period not to exceed
10 school days. | ||||||
10 | If a pupil is suspended due to gross disobedience or misconduct
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11 | on a school bus, the board may suspend the pupil in excess of | ||||||
12 | 10
school
days for safety reasons. Any suspension shall be | ||||||
13 | reported immediately to the
parents or guardian of such pupil | ||||||
14 | along with a full statement of the
reasons for such suspension | ||||||
15 | and a notice of their right to a review, a
copy of which shall | ||||||
16 | be given to the school board. Upon request of the
parents or | ||||||
17 | guardian the school board or a hearing officer appointed by
it | ||||||
18 | shall review such action of the superintendent or principal, | ||||||
19 | assistant
principal, or dean of students. At such
review the | ||||||
20 | parents or guardian of the pupil may appear and discuss the
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21 | suspension with the board or its hearing officer. If a hearing | ||||||
22 | officer
is appointed by the board he shall report to the board | ||||||
23 | a written summary
of the evidence heard at the meeting. After | ||||||
24 | its hearing or upon receipt
of the written report of its | ||||||
25 | hearing officer, the board may take such
action as it finds | ||||||
26 | appropriate.
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1 | (c) The Department of Human Services
shall be invited to | ||||||
2 | send a representative to consult with the board at
such meeting | ||||||
3 | whenever there is evidence that mental illness may be the
cause | ||||||
4 | for expulsion or suspension.
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5 | (d) The board may expel a student for a definite period of | ||||||
6 | time not to
exceed 2 calendar years, as determined on a case by | ||||||
7 | case basis.
A student who
is determined to have brought a | ||||||
8 | weapon to school, any school-sponsored activity
or event, or
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9 | any activity or event which bears a reasonable relationship to | ||||||
10 | school shall
be expelled for a period of not less than
one | ||||||
11 | year, except that the expulsion period may be modified by the
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12 | superintendent, and the superintendent's determination may be | ||||||
13 | modified by
the board
on a case by case basis. For the purpose | ||||||
14 | of this Section, the term "weapon"
means (1)
possession,
use, | ||||||
15 | control, or transfer of any gun, rifle, shotgun, weapon as
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16 | defined by Section 921 of Title 18, United States Code, firearm | ||||||
17 | as
defined in Section 1.1 of the Firearm Owners Identification | ||||||
18 | Act, or use of
a weapon as defined in Section 24-1 of the | ||||||
19 | Criminal Code, (2) any other
object if used or attempted to be | ||||||
20 | used to cause bodily harm, including but not
limited to, | ||||||
21 | knives, brass knuckles,
or
billy clubs, or (3) "look alikes" of | ||||||
22 | any weapon as defined in this
Section. Expulsion
or suspension
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23 | shall be construed in a
manner consistent with the Federal | ||||||
24 | Individuals with Disabilities Education
Act. A student who is | ||||||
25 | subject to suspension or expulsion as provided in this
Section | ||||||
26 | may be eligible for a transfer to an alternative school program |
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1 | in
accordance with Article 13A of the School Code. The | ||||||
2 | provisions of this
subsection (d) apply in all school | ||||||
3 | districts,
including special charter districts and districts | ||||||
4 | organized under Article 34.
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5 | (e) To maintain order and security in the schools, school | ||||||
6 | authorities and teachers may
inspect and search places and | ||||||
7 | areas such as lockers, desks, parking lots, and
other school | ||||||
8 | property and equipment owned or controlled by the school, as | ||||||
9 | well
as personal effects left in those places and areas by | ||||||
10 | students, without notice
to or the consent of the student, and | ||||||
11 | without a search warrant. As a matter of
public policy, the | ||||||
12 | General Assembly finds that students have no reasonable
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13 | expectation of privacy in these places and areas or in their | ||||||
14 | personal effects
left in these places and areas. School | ||||||
15 | authorities may request the assistance
of law enforcement | ||||||
16 | officials for the purpose of conducting inspections and
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17 | searches of lockers, desks, parking lots, and other school | ||||||
18 | property and
equipment owned or controlled by the school for | ||||||
19 | illegal drugs, weapons, or
other
illegal or dangerous | ||||||
20 | substances or materials, including searches conducted
through | ||||||
21 | the use of specially trained dogs. If a search conducted in | ||||||
22 | accordance
with this Section produces evidence that the student | ||||||
23 | has violated or is
violating either the law, local ordinance, | ||||||
24 | or the school's policies or rules,
such evidence may be seized | ||||||
25 | by school authorities or a teacher , and disciplinary action may
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26 | be taken. School authorities or a teacher may also turn over |
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1 | such evidence to law
enforcement authorities. The provisions of | ||||||
2 | this subsection (e) apply in all
school districts, including | ||||||
3 | special charter districts and districts organized
under | ||||||
4 | Article 34.
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5 | (f) Suspension or expulsion may include suspension or | ||||||
6 | expulsion from
school and all school activities and a | ||||||
7 | prohibition from being present on school
grounds.
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8 | (g) A school district may adopt a policy providing that if | ||||||
9 | a student
is suspended or expelled for any reason from any | ||||||
10 | public or private school
in this or any other state, the | ||||||
11 | student must complete the entire term of
the suspension or | ||||||
12 | expulsion before being admitted into the school
district. This | ||||||
13 | policy may allow placement of the student in an alternative
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14 | school program established under Article 13A of this Code, if | ||||||
15 | available, for
the
remainder of the suspension or expulsion. | ||||||
16 | This subsection (g) applies to
all school districts, including | ||||||
17 | special charter districts and districts
organized under | ||||||
18 | Article 34 of this Code.
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19 | (Source: P.A. 92-64, eff. 7-12-01.)
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20 | (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
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21 | Sec. 24-24. Maintenance of discipline. Subject to the | ||||||
22 | limitations of all
policies established or adopted under | ||||||
23 | Section 14-8.05, teachers,
other
certificated educational | ||||||
24 | employees, and any other person, whether or not a
certificated | ||||||
25 | employee, providing a related service for or with respect to a
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1 | student shall maintain discipline in the schools,
including | ||||||
2 | school grounds which are owned or leased by the board and used | ||||||
3 | for
school purposes and activities. In all matters relating to | ||||||
4 | the discipline in
and conduct of the schools and the school | ||||||
5 | children, they stand in the relation
of parents and guardians | ||||||
6 | to the pupils. This relationship shall extend to all
activities | ||||||
7 | connected with the school program, including all athletic and
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8 | extracurricular programs, and may be exercised at any time for | ||||||
9 | the safety and
supervision of the pupils in the absence of | ||||||
10 | their parents or guardians.
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11 | As provided under Section 10-22.6 of this Code, teachers | ||||||
12 | may inspect and search places and areas owned or controlled by | ||||||
13 | the school, as well as personal effects left in those places | ||||||
14 | and areas by students, without notice to or the consent of the | ||||||
15 | student and without a search warrant.
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16 | Nothing in this Section affects the power of the board to | ||||||
17 | establish
rules with respect to discipline; except that each | ||||||
18 | board shall
establish a policy on discipline, and the policy so | ||||||
19 | established shall
provide, subject to the limitations of all | ||||||
20 | policies established or adopted
under Section 14-8.05, that a | ||||||
21 | teacher, other certificated employee, and
any other person, | ||||||
22 | whether or not a certificated employee, providing a related
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23 | service for or with respect to a student may use reasonable
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24 | force as needed to
maintain safety for the other students, | ||||||
25 | school personnel or persons or for the
purpose of self defense | ||||||
26 | or the defense of property, shall provide that a
teacher may |
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1 | remove a student
from the classroom for disruptive behavior, | ||||||
2 | and shall include provisions
which
provide due process to | ||||||
3 | students. The policy shall not include slapping,
paddling or | ||||||
4 | prolonged maintenance of students in physically painful | ||||||
5 | positions
nor shall it include the intentional infliction of | ||||||
6 | bodily harm.
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7 | The board may make and enforce reasonable rules of conduct | ||||||
8 | and
sportsmanship for athletic and extracurricular school | ||||||
9 | events. Any person
who violates such rules may be denied | ||||||
10 | admission to school events for not
more than one year, provided | ||||||
11 | that written 10 days notice of the violation
is given such | ||||||
12 | person and a hearing had thereon by the board pursuant to its
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13 | rules and regulations. The administration of any school may | ||||||
14 | sign complaints
as agents of the school against persons | ||||||
15 | committing any offense at school
events.
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16 | (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. | ||||||
17 | 7-19-95.)
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18 | Section 99. Effective date. This Act takes effect upon | ||||||
19 | becoming law.
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