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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, acting on any reasonable suspicion | ||||||
7 | based on professional experience and judgment, may
inspect and | ||||||
8 | search places and areas such as lockers, desks, parking lots, | ||||||
9 | and
other school property and equipment owned or controlled by | ||||||
10 | the school, as well
as personal effects left in those places | ||||||
11 | and areas by students, without notice
to or the consent of the | ||||||
12 | student, and without a search warrant , if the inspection or | ||||||
13 | search is conducted to ensure that classrooms, school | ||||||
14 | buildings, school property, and students remain free from the | ||||||
15 | threat of illegal drugs, weapons, or other dangerous substances | ||||||
16 | or materials. The measures used to conduct an inspection or | ||||||
17 | search must be reasonably related to the inspection's or | ||||||
18 | search's objectives, without being excessively intrusive in | ||||||
19 | light of the student's age, sex, and the nature of the offense . | ||||||
20 | As a matter of
public policy, the General Assembly finds that | ||||||
21 | students have no reasonable
expectation of privacy in these | ||||||
22 | places and areas or in their personal effects
left in these | ||||||
23 | places and areas. School authorities may request the assistance
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24 | of law enforcement officials for the purpose of conducting | ||||||
25 | inspections and
searches of lockers, desks, parking lots, and | ||||||
26 | other school property and
equipment owned or controlled by the |
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1 | school for illegal drugs, weapons, or
other
illegal or | ||||||
2 | dangerous substances or materials, including searches | ||||||
3 | conducted
through the use of specially trained dogs. If a | ||||||
4 | search conducted in accordance
with this Section produces | ||||||
5 | evidence that the student has violated or is
violating either | ||||||
6 | the law, local ordinance, or the school's policies or rules,
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7 | such evidence may be seized by school authorities or a teacher , | ||||||
8 | and disciplinary action may
be taken. School authorities or a | ||||||
9 | teacher may also turn over such evidence to law
enforcement | ||||||
10 | authorities. The provisions of this subsection (e) apply in all
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11 | school districts, including special charter districts and | ||||||
12 | districts organized
under Article 34.
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13 | (f) Suspension or expulsion may include suspension or | ||||||
14 | expulsion from
school and all school activities and a | ||||||
15 | prohibition from being present on school
grounds.
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16 | (g) A school district may adopt a policy providing that if | ||||||
17 | a student
is suspended or expelled for any reason from any | ||||||
18 | public or private school
in this or any other state, the | ||||||
19 | student must complete the entire term of
the suspension or | ||||||
20 | expulsion before being admitted into the school
district. This | ||||||
21 | policy may allow placement of the student in an alternative
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22 | school program established under Article 13A of this Code, if | ||||||
23 | available, for
the
remainder of the suspension or expulsion. | ||||||
24 | This subsection (g) applies to
all school districts, including | ||||||
25 | special charter districts and districts
organized under | ||||||
26 | Article 34 of this Code.
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1 | (Source: P.A. 92-64, eff. 7-12-01.)
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2 | (105 ILCS 5/24-24) (from Ch. 122, par. 24-24)
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3 | Sec. 24-24. Maintenance of discipline. Subject to the | ||||||
4 | limitations of all
policies established or adopted under | ||||||
5 | Section 14-8.05, teachers,
other
certificated educational | ||||||
6 | employees, and any other person, whether or not a
certificated | ||||||
7 | employee, providing a related service for or with respect to a
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8 | student shall maintain discipline in the schools,
including | ||||||
9 | school grounds which are owned or leased by the board and used | ||||||
10 | for
school purposes and activities. In all matters relating to | ||||||
11 | the discipline in
and conduct of the schools and the school | ||||||
12 | children, they stand in the relation
of parents and guardians | ||||||
13 | to the pupils. This relationship shall extend to all
activities | ||||||
14 | connected with the school program, including all athletic and
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15 | extracurricular programs, and may be exercised at any time for | ||||||
16 | the safety and
supervision of the pupils in the absence of | ||||||
17 | their parents or guardians.
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18 | As provided in and subject to the requirements of | ||||||
19 | subsection (e) of Section 10-22.6 of this Code, teachers may | ||||||
20 | inspect and search places and areas owned or controlled by the | ||||||
21 | school, as well as personal effects left in those places and | ||||||
22 | areas by students, without notice to or the consent of the | ||||||
23 | student and without a search warrant.
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24 | Nothing in this Section affects the power of the board to | ||||||
25 | establish
rules with respect to discipline; except that each |
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1 | board shall
establish a policy on discipline, and the policy so | ||||||
2 | established shall
provide, subject to the limitations of all | ||||||
3 | policies established or adopted
under Section 14-8.05, that a | ||||||
4 | teacher, other certificated employee, and
any other person, | ||||||
5 | whether or not a certificated employee, providing a related
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6 | service for or with respect to a student may use reasonable
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7 | force as needed to
maintain safety for the other students, | ||||||
8 | school personnel or persons or for the
purpose of self defense | ||||||
9 | or the defense of property, shall provide that a
teacher may | ||||||
10 | remove a student
from the classroom for disruptive behavior, | ||||||
11 | and shall include provisions
which
provide due process to | ||||||
12 | students. The policy shall not include slapping,
paddling or | ||||||
13 | prolonged maintenance of students in physically painful | ||||||
14 | positions
nor shall it include the intentional infliction of | ||||||
15 | bodily harm.
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16 | The board may make and enforce reasonable rules of conduct | ||||||
17 | and
sportsmanship for athletic and extracurricular school | ||||||
18 | events. Any person
who violates such rules may be denied | ||||||
19 | admission to school events for not
more than one year, provided | ||||||
20 | that written 10 days notice of the violation
is given such | ||||||
21 | person and a hearing had thereon by the board pursuant to its
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22 | rules and regulations. The administration of any school may | ||||||
23 | sign complaints
as agents of the school against persons | ||||||
24 | committing any offense at school
events.
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25 | (Source: P.A. 88-346; 88-670, eff. 12-2-94; 89-184, eff. | ||||||
26 | 7-19-95.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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