103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5478

 

Introduced 2/9/2024, by Rep. La Shawn K. Ford

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/1-3  from Ch. 122, par. 1-3
105 ILCS 5/2-3.204 new
105 ILCS 5/10-20.14  from Ch. 122, par. 10-20.14
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/26-12  from Ch. 122, par. 26-12

    Amends the State Board of Education Article of the School Code. Provides that the State Board of Education shall require, in a manner and method determined by the State Board, that each school district report the number of student referrals to law enforcement. Provides that the disaggregated data shall include data on referrals to law enforcement required to be submitted by a school district and charter school under the Code. Provides that the State Board of Education shall post the disaggregated data on the State Board's Internet website for the previous school year by October 31, starting with the 2023-2024 school year. Amends the School Boards Article of the School Code. In provisions concerning the suspension or expulsion of pupils, provides that school personnel may not issue a monetary fine, fee, or municipal ticket for school-based behavior as a disciplinary consequence, (instead of providing that a student may not be issued a monetary fine or fee as a disciplinary consequence). Sets forth provisions concerning disciplinary responses of schools. Provides that school personnel (instead of a school district) may not refer a truant, chronic truant, or truant minor to any other local public entity, school resource officer, or peace officer (instead of any other local public entity). Makes conforming changes. Effective immediately.


LRB103 37522 RJT 67645 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB5478LRB103 37522 RJT 67645 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. Findings and intent.
5    (a) The General Assembly finds the following:
6        (1) Public Act 99-456 prohibited schools from the
7    issuance of monetary fines or fees as disciplinary
8    consequences.
9        (2) Public Act 100-810 prohibited schools from
10    referring truant minors to local public entities for the
11    purpose of issuing fines or fees as punishment for truancy
12    and requiring schools to document the provision of all
13    appropriate and available supportive services before
14    referring an individual having custody of a truant minor
15    to a local entity.
16        (3) Thousands of students have been referred to
17    municipalities for behaviors occurring on school grounds,
18    during school-related events, or while taking school
19    transportation.
20        (4) The impact of municipal tickets, citations, and
21    ordinance violations disproportionately impact students of
22    color and students with disabilities.
23        (5) Municipal fines and fees associated with municipal
24    tickets, citations, and ordinance violations create

 

 

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1    financial hardship for minors and their families.
2        (6) Municipal proceedings do not provide minors with
3    sufficient due process, confidentiality, or record
4    expungement protections.
5        (7) In accordance with federal law and regulations,
6    Illinois schools provide data to the Civil Rights Data
7    Collection required by the Department of Education Office
8    of Civil Rights, including data on referrals to law
9    enforcement and which disaggregates referrals resulting in
10    arrests, but does not disaggregate referrals resulting in
11    a municipal ticket, citation, or ordinance violation.
12    (b) It is the intent of the General Assembly to learn more
13about the prevalence of student referrals to law enforcement,
14particularly those resulting in municipal tickets, citations,
15or ordinance violations for behaviors occurring on school
16grounds, during school-related events, or while taking school
17transportation. It is not the intent of the General Assembly
18to modify current school disciplinary responses provided in
19the School Code or responses to alleged delinquent or criminal
20conduct as set forth in the School Code, the Juvenile Court
21Act, and the Criminal Code of 2012.
 
22    Section 10. The School Code is amended by changing
23Sections 1-3, 10-20.14, 10-22.6, and 26-12 and by adding
24Section 2-3.204 as follows:
 

 

 

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1    (105 ILCS 5/1-3)  (from Ch. 122, par. 1-3)
2    Sec. 1-3. Definitions. In this Code:
3    The terms "common schools", "free schools" and "public
4schools" are used interchangeably to apply to any school
5operated by authority of this Act.
6    "School-based behavior" means student behavior that occurs
7at a school, a school-sponsored activity or event, or any
8activity or event that has a reasonable relationship to a
9school.
10    "School board" means the governing body of any district
11created or operating under authority of this Code, including
12board of school directors and board of education. When the
13context so indicates it also means the governing body of any
14non-high school district and of any special charter district,
15including a board of school inspectors.
16    "School fees" or "fees" means any monetary charge
17collected by a public school, public school district, or
18charter school from a student or the parents or guardian of a
19student as a prerequisite for the student's participation in
20any curricular or extracurricular program of the school or
21school district as defined under paragraphs (1) and (2) of
22subsection (a) of Section 1.245 of Title 23 of the Illinois
23Administrative Code.
24    "School personnel" means persons who are employed by, who
25are on contract with, or who volunteer in a school district,
26charter school, or non-public, non-sectarian elementary or

 

 

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1secondary school, including, but not limited to, school
2administrators, school district administrators, teachers,
3school social workers, school counselors, school
4psychologists, school nurses, cafeteria workers, custodians,
5bus drivers, school resource officers, and security guards.
6    "Special charter district" means any city, township, or
7district organized into a school district, under a special Act
8or charter of the General Assembly or in which schools are now
9managed and operating within such unit in whole or in part
10under the terms of such special Act or charter.
11(Source: P.A. 102-687, eff. 12-17-21; 102-805, eff. 1-1-23.)
 
12    (105 ILCS 5/2-3.204 new)
13    Sec. 2-3.204. Law enforcement referral report.
14    (a) In this Section, "referral to law enforcement" means
15an action by which a student is reported to any law enforcement
16agency or official, including a school resource officer, for
17school-based behaviors.
18    (b) The State Board of Education shall require, in a
19manner and method determined by the State Board, that each
20school district reports the number of student referrals to law
21enforcement. The disaggregated data shall include data on
22referrals to law enforcement required to be submitted by a
23school district or charter school under Articles 10 and 34.
24The State Board of Education shall post the disaggregated data
25on the State Board's Internet website for the previous school

 

 

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1year by October 31, starting with the 2023-2024 school year.
2    (c) The disaggregated data collected under subsection (b)
3shall be organized by school district and include the
4following:
5        (1) The number of referrals to law enforcement that
6    resulted in a municipal ticket, a citation, or an
7    ordinance violation and number of students cited,
8    disaggregated by race, ethnicity, gender, whether that
9    student has an individualized education program or a plan
10    pursuant to Section 504 of the federal Rehabilitation Act
11    of 1973, whether the student is an English language
12    learner, and the reason for referral organized by offense.
13        (2) The total number of municipal tickets, citations,
14    and ordinance violations issued by law enforcement
15    resulting from school-based behaviors, disaggregated by
16    race, ethnicity, gender, whether that student has an
17    individualized education program or a plan pursuant to
18    Section 504 of the federal Rehabilitation Act of 1973,
19    whether the student is an English language learner, and
20    the reason for issuance organized by offense.
21        (3) The total number of arrests made by law
22    enforcement resulting from school-based behaviors,
23    disaggregated by race, ethnicity, gender, whether that
24    student has an individualized education program or a plan
25    pursuant to Section 504 of the federal Rehabilitation Act
26    of 1973, whether the student is an English language

 

 

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1    learner, and the reason for arrest organized by offense.
2        (4) The total number of referrals to law enforcement
3    and total number of students referred to law enforcement,
4    disaggregated by race, ethnicity, gender, whether that
5    student has an individualized education program or a plan
6    pursuant to Section 504 of the federal Rehabilitation Act
7    of 1973, whether the student is an English language
8    learner, and the reason for referral organized by offense.
9        (5) The number of referrals to law enforcement that
10    resulted in an arrest and number of students arrested,
11    disaggregated by race, ethnicity, gender, whether that
12    student has an individualized education program or a plan
13    pursuant to Section 504 of the federal Rehabilitation Act
14    of 1973, whether the student is an English language
15    learner, and the reason for referral organized by offense.
 
16    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
17    Sec. 10-20.14. Student discipline policies; parent-teacher
18advisory committee.
19    (a) To establish and maintain a parent-teacher advisory
20committee to develop with the school board or governing body
21of a charter school policy guidelines on pupil discipline,
22including school searches and bullying prevention as set forth
23in Section 27-23.7 of this Code. School authorities shall
24furnish a copy of the policy to the parents or guardian of each
25pupil within 15 days after the beginning of the school year, or

 

 

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1within 15 days after starting classes for a pupil who
2transfers into the district during the school year, and the
3school board or governing body of a charter school shall
4require that a school inform its pupils of the contents of the
5policy. School boards and the governing bodies of charter
6schools, along with the parent-teacher advisory committee,
7must annually review their pupil discipline policies, the
8implementation of those policies, and any other factors
9related to the safety of their schools, pupils, and staff.
10    (a-5) On or before September 15, 2016, each elementary and
11secondary school and charter school shall, at a minimum, adopt
12pupil discipline policies that fulfill the requirements set
13forth in this Section, subsections (a) and (b) of Section
1410-22.6 of this Code, Section 34-19 of this Code if
15applicable, and federal and State laws that provide special
16requirements for the discipline of students with disabilities.
17    (b) The parent-teacher advisory committee in cooperation
18with local law enforcement agencies shall develop, with the
19school board, policy guideline procedures to establish and
20maintain a reciprocal reporting system between the school
21district and local law enforcement agencies regarding criminal
22and civil offenses committed by students. School districts are
23encouraged to create memoranda of understanding with local law
24enforcement agencies that clearly define law enforcement's
25role in schools, in accordance with Section 10-22.6 and
26Section 2-3.204 of this Code.

 

 

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1    (c) The parent-teacher advisory committee, in cooperation
2with school bus personnel, shall develop, with the school
3board, policy guideline procedures to establish and maintain
4school bus safety procedures. These procedures shall be
5incorporated into the district's pupil discipline policy.
6    (d) The school board, in consultation with the
7parent-teacher advisory committee and other community-based
8organizations, must include provisions in the student
9discipline policy to address students who have demonstrated
10behaviors that put them at risk for aggressive behavior,
11including without limitation bullying, as defined in the
12policy. These provisions must include procedures for notifying
13parents or legal guardians and early intervention procedures
14based upon available community-based and district resources.
15(Source: P.A. 99-456, eff. 9-15-16.)
 
16    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
17    (Text of Section before amendment by P.A. 102-466)
18    Sec. 10-22.6. Suspension or expulsion of pupils; school
19searches.
20    (a) To expel pupils guilty of gross disobedience or
21misconduct, including gross disobedience or misconduct
22perpetuated by electronic means, pursuant to subsection (b-20)
23of this Section, and no action shall lie against them for such
24expulsion. Expulsion shall take place only after the parents
25have been requested to appear at a meeting of the board, or

 

 

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1with a hearing officer appointed by it, to discuss their
2child's behavior. Such request shall be made by registered or
3certified mail and shall state the time, place and purpose of
4the meeting. The board, or a hearing officer appointed by it,
5at such meeting shall state the reasons for dismissal and the
6date on which the expulsion is to become effective. If a
7hearing officer is appointed by the board, he shall report to
8the board a written summary of the evidence heard at the
9meeting and the board may take such action thereon as it finds
10appropriate. If the board acts to expel a pupil, the written
11expulsion decision shall detail the specific reasons why
12removing the pupil from the learning environment is in the
13best interest of the school. The expulsion decision shall also
14include a rationale as to the specific duration of the
15expulsion. An expelled pupil may be immediately transferred to
16an alternative program in the manner provided in Article 13A
17or 13B of this Code. A pupil must not be denied transfer
18because of the expulsion, except in cases in which such
19transfer is deemed to cause a threat to the safety of students
20or staff in the alternative program.
21    (b) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school bus from riding the school bus, pursuant to subsections

 

 

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1(b-15) and (b-20) of this Section, and no action shall lie
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10    Any suspension shall be reported immediately to the
11parents or guardian of a pupil along with a full statement of
12the reasons for such suspension and a notice of their right to
13a review. The school board must be given a summary of the
14notice, including the reason for the suspension and the
15suspension length. Upon request of the parents or guardian,
16the school board or a hearing officer appointed by it shall
17review such action of the superintendent or principal,
18assistant principal, or dean of students. At such review, the
19parents or guardian of the pupil may appear and discuss the
20suspension with the board or its hearing officer. If a hearing
21officer is appointed by the board, he shall report to the board
22a written summary of the evidence heard at the meeting. After
23its hearing or upon receipt of the written report of its
24hearing officer, the board may take such action as it finds
25appropriate. If a student is suspended pursuant to this
26subsection (b), the board shall, in the written suspension

 

 

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1decision, detail the specific act of gross disobedience or
2misconduct resulting in the decision to suspend. The
3suspension decision shall also include a rationale as to the
4specific duration of the suspension. A pupil who is suspended
5in excess of 20 school days may be immediately transferred to
6an alternative program in the manner provided in Article 13A
7or 13B of this Code. A pupil must not be denied transfer
8because of the suspension, except in cases in which such
9transfer is deemed to cause a threat to the safety of students
10or staff in the alternative program.
11    (b-5) Among the many possible disciplinary interventions
12and consequences available to school officials, school
13exclusions, such as out-of-school suspensions and expulsions,
14are the most serious. School officials shall limit the number
15and duration of expulsions and suspensions to the greatest
16extent practicable, and it is recommended that they use them
17only for legitimate educational purposes. To ensure that
18students are not excluded from school unnecessarily, it is
19recommended that school officials consider forms of
20non-exclusionary discipline prior to using out-of-school
21suspensions or expulsions.
22    (b-10) Unless otherwise required by federal law or this
23Code, school boards may not institute zero-tolerance policies
24by which school administrators are required to suspend or
25expel students for particular behaviors.
26    (b-15) Out-of-school suspensions of 3 days or less may be

 

 

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1used only if the student's continuing presence in school would
2pose a threat to school safety or a disruption to other
3students' learning opportunities. For purposes of this
4subsection (b-15), "threat to school safety or a disruption to
5other students' learning opportunities" shall be determined on
6a case-by-case basis by the school board or its designee.
7School officials shall make all reasonable efforts to resolve
8such threats, address such disruptions, and minimize the
9length of suspensions to the greatest extent practicable.
10    (b-20) Unless otherwise required by this Code,
11out-of-school suspensions of longer than 3 days, expulsions,
12and disciplinary removals to alternative schools may be used
13only if other appropriate and available behavioral and
14disciplinary interventions have been exhausted and the
15student's continuing presence in school would either (i) pose
16a threat to the safety of other students, staff, or members of
17the school community or (ii) substantially disrupt, impede, or
18interfere with the operation of the school. For purposes of
19this subsection (b-20), "threat to the safety of other
20students, staff, or members of the school community" and
21"substantially disrupt, impede, or interfere with the
22operation of the school" shall be determined on a case-by-case
23basis by school officials. For purposes of this subsection
24(b-20), the determination of whether "appropriate and
25available behavioral and disciplinary interventions have been
26exhausted" shall be made by school officials. School officials

 

 

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1shall make all reasonable efforts to resolve such threats,
2address such disruptions, and minimize the length of student
3exclusions to the greatest extent practicable. Within the
4suspension decision described in subsection (b) of this
5Section or the expulsion decision described in subsection (a)
6of this Section, it shall be documented whether other
7interventions were attempted or whether it was determined that
8there were no other appropriate and available interventions.
9    (b-25) Students who are suspended out-of-school for longer
10than 4 school days shall be provided appropriate and available
11support services during the period of their suspension. For
12purposes of this subsection (b-25), "appropriate and available
13support services" shall be determined by school authorities.
14Within the suspension decision described in subsection (b) of
15this Section, it shall be documented whether such services are
16to be provided or whether it was determined that there are no
17such appropriate and available services.
18    A school district may refer students who are expelled to
19appropriate and available support services.
20    A school district shall create a policy to facilitate the
21re-engagement of students who are suspended out-of-school,
22expelled, or returning from an alternative school setting.
23    (b-30) A school district shall create a policy by which
24suspended pupils, including those pupils suspended from the
25school bus who do not have alternate transportation to school,
26shall have the opportunity to make up work for equivalent

 

 

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1academic credit. It shall be the responsibility of a pupil's
2parent or guardian to notify school officials that a pupil
3suspended from the school bus does not have alternate
4transportation to school.
5    (c) A school board must invite a representative from a
6local mental health agency to consult with the board at the
7meeting whenever there is evidence that mental illness may be
8the cause of a student's expulsion or suspension.
9    (c-5) School districts shall make reasonable efforts to
10provide ongoing professional development to teachers,
11administrators, school board members, school resource
12officers, and staff on the adverse consequences of school
13exclusion and justice-system involvement, effective classroom
14management strategies, culturally responsive discipline, the
15appropriate and available supportive services for the
16promotion of student attendance and engagement, and
17developmentally appropriate disciplinary methods that promote
18positive and healthy school climates.
19    (d) The board may expel a student for a definite period of
20time not to exceed 2 calendar years, as determined on a
21case-by-case basis. A student who is determined to have
22brought one of the following objects to school, any
23school-sponsored activity or event, or any activity or event
24that bears a reasonable relationship to school shall be
25expelled for a period of not less than one year:
26        (1) A firearm. For the purposes of this Section,

 

 

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1    "firearm" means any gun, rifle, shotgun, weapon as defined
2    by Section 921 of Title 18 of the United States Code,
3    firearm as defined in Section 1.1 of the Firearm Owners
4    Identification Card Act, or firearm as defined in Section
5    24-1 of the Criminal Code of 2012. The expulsion period
6    under this subdivision (1) may be modified by the
7    superintendent, and the superintendent's determination may
8    be modified by the board on a case-by-case basis.
9        (2) A knife, brass knuckles or other knuckle weapon
10    regardless of its composition, a billy club, or any other
11    object if used or attempted to be used to cause bodily
12    harm, including "look alikes" of any firearm as defined in
13    subdivision (1) of this subsection (d). The expulsion
14    requirement under this subdivision (2) may be modified by
15    the superintendent, and the superintendent's determination
16    may be modified by the board on a case-by-case basis.
17Expulsion or suspension shall be construed in a manner
18consistent with the federal Individuals with Disabilities
19Education Act. A student who is subject to suspension or
20expulsion as provided in this Section may be eligible for a
21transfer to an alternative school program in accordance with
22Article 13A of the School Code.
23    (d-5) The board may suspend or by regulation authorize the
24superintendent of the district or the principal, assistant
25principal, or dean of students of any school to suspend a
26student for a period not to exceed 10 school days or may expel

 

 

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1a student for a definite period of time not to exceed 2
2calendar years, as determined on a case-by-case basis, if (i)
3that student has been determined to have made an explicit
4threat on an Internet website against a school employee, a
5student, or any school-related personnel, (ii) the Internet
6website through which the threat was made is a site that was
7accessible within the school at the time the threat was made or
8was available to third parties who worked or studied within
9the school grounds at the time the threat was made, and (iii)
10the threat could be reasonably interpreted as threatening to
11the safety and security of the threatened individual because
12of his or her duties or employment status or status as a
13student inside the school.
14    (e) To maintain order and security in the schools, school
15authorities may inspect and search places and areas such as
16lockers, desks, parking lots, and other school property and
17equipment owned or controlled by the school, as well as
18personal effects left in those places and areas by students,
19without notice to or the consent of the student, and without a
20search warrant. As a matter of public policy, the General
21Assembly finds that students have no reasonable expectation of
22privacy in these places and areas or in their personal effects
23left in these places and areas. School authorities may request
24the assistance of law enforcement officials for the purpose of
25conducting inspections and searches of lockers, desks, parking
26lots, and other school property and equipment owned or

 

 

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1controlled by the school for illegal drugs, weapons, or other
2illegal or dangerous substances or materials, including
3searches conducted through the use of specially trained dogs.
4If a search conducted in accordance with this Section produces
5evidence that the student has violated or is violating either
6the law, local ordinance, or the school's policies or rules,
7such evidence may be seized by school authorities, and
8disciplinary action may be taken. School authorities may also
9turn over such evidence to law enforcement authorities.
10    (f) Suspension or expulsion may include suspension or
11expulsion from school and all school activities and a
12prohibition from being present on school grounds.
13    (g) A school district may adopt a policy providing that if
14a student is suspended or expelled for any reason from any
15public or private school in this or any other state, the
16student must complete the entire term of the suspension or
17expulsion in an alternative school program under Article 13A
18of this Code or an alternative learning opportunities program
19under Article 13B of this Code before being admitted into the
20school district if there is no threat to the safety of students
21or staff in the alternative program.
22    (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25    (i) School personnel may not issue A student may not be
26issued a monetary fine, or fee, or municipal ticket for

 

 

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1school-based behavior as a disciplinary consequence, though
2this shall not preclude requiring a student to provide
3restitution for lost, stolen, or damaged property. This
4subsection (i) does not modify school disciplinary responses
5provided under this Section or Section 10-20.14 of this Code
6that exist before the effective date of this amendatory Act of
7the 103rd General Assembly or responses to alleged delinquent
8or criminal conduct set forth in this Code, Article V of the
9Juvenile Court Act of 1987, or the Criminal Code of 2012.
10    (j) Subsections (a) through (i) of this Section shall
11apply to elementary and secondary schools, charter schools,
12special charter districts, and school districts organized
13under Article 34 of this Code.
14    (k) The expulsion of children enrolled in programs funded
15under Section 1C-2 of this Code is subject to the requirements
16under paragraph (7) of subsection (a) of Section 2-3.71 of
17this Code.
18    (l) Beginning with the 2018-2019 school year, an in-school
19suspension program provided by a school district for any
20students in kindergarten through grade 12 may focus on
21promoting non-violent conflict resolution and positive
22interaction with other students and school personnel. A school
23district may employ a school social worker or a licensed
24mental health professional to oversee an in-school suspension
25program in kindergarten through grade 12.
26(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;

 

 

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1102-813, eff. 5-13-22.)
 
2    (Text of Section after amendment by P.A. 102-466)
3    Sec. 10-22.6. Suspension or expulsion of pupils; school
4searches.
5    (a) To expel pupils guilty of gross disobedience or
6misconduct, including gross disobedience or misconduct
7perpetuated by electronic means, pursuant to subsection (b-20)
8of this Section, and no action shall lie against them for such
9expulsion. Expulsion shall take place only after the parents
10or guardians have been requested to appear at a meeting of the
11board, or with a hearing officer appointed by it, to discuss
12their child's behavior. Such request shall be made by
13registered or certified mail and shall state the time, place
14and purpose of the meeting. The board, or a hearing officer
15appointed by it, at such meeting shall state the reasons for
16dismissal and the date on which the expulsion is to become
17effective. If a hearing officer is appointed by the board, he
18shall report to the board a written summary of the evidence
19heard at the meeting and the board may take such action thereon
20as it finds appropriate. If the board acts to expel a pupil,
21the written expulsion decision shall detail the specific
22reasons why removing the pupil from the learning environment
23is in the best interest of the school. The expulsion decision
24shall also include a rationale as to the specific duration of
25the expulsion. An expelled pupil may be immediately

 

 

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1transferred to an alternative program in the manner provided
2in Article 13A or 13B of this Code. A pupil must not be denied
3transfer because of the expulsion, except in cases in which
4such transfer is deemed to cause a threat to the safety of
5students or staff in the alternative program.
6    (b) To suspend or by policy to authorize the
7superintendent of the district or the principal, assistant
8principal, or dean of students of any school to suspend pupils
9guilty of gross disobedience or misconduct, or to suspend
10pupils guilty of gross disobedience or misconduct on the
11school bus from riding the school bus, pursuant to subsections
12(b-15) and (b-20) of this Section, and no action shall lie
13against them for such suspension. The board may by policy
14authorize the superintendent of the district or the principal,
15assistant principal, or dean of students of any school to
16suspend pupils guilty of such acts for a period not to exceed
1710 school days. If a pupil is suspended due to gross
18disobedience or misconduct on a school bus, the board may
19suspend the pupil in excess of 10 school days for safety
20reasons.
21    Any suspension shall be reported immediately to the
22parents or guardians of a pupil along with a full statement of
23the reasons for such suspension and a notice of their right to
24a review. The school board must be given a summary of the
25notice, including the reason for the suspension and the
26suspension length. Upon request of the parents or guardians,

 

 

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1the school board or a hearing officer appointed by it shall
2review such action of the superintendent or principal,
3assistant principal, or dean of students. At such review, the
4parents or guardians of the pupil may appear and discuss the
5suspension with the board or its hearing officer. If a hearing
6officer is appointed by the board, he shall report to the board
7a written summary of the evidence heard at the meeting. After
8its hearing or upon receipt of the written report of its
9hearing officer, the board may take such action as it finds
10appropriate. If a student is suspended pursuant to this
11subsection (b), the board shall, in the written suspension
12decision, detail the specific act of gross disobedience or
13misconduct resulting in the decision to suspend. The
14suspension decision shall also include a rationale as to the
15specific duration of the suspension. A pupil who is suspended
16in excess of 20 school days may be immediately transferred to
17an alternative program in the manner provided in Article 13A
18or 13B of this Code. A pupil must not be denied transfer
19because of the suspension, except in cases in which such
20transfer is deemed to cause a threat to the safety of students
21or staff in the alternative program.
22    (b-5) Among the many possible disciplinary interventions
23and consequences available to school officials, school
24exclusions, such as out-of-school suspensions and expulsions,
25are the most serious. School officials shall limit the number
26and duration of expulsions and suspensions to the greatest

 

 

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1extent practicable, and it is recommended that they use them
2only for legitimate educational purposes. To ensure that
3students are not excluded from school unnecessarily, it is
4recommended that school officials consider forms of
5non-exclusionary discipline prior to using out-of-school
6suspensions or expulsions.
7    (b-10) Unless otherwise required by federal law or this
8Code, school boards may not institute zero-tolerance policies
9by which school administrators are required to suspend or
10expel students for particular behaviors.
11    (b-15) Out-of-school suspensions of 3 days or less may be
12used only if the student's continuing presence in school would
13pose a threat to school safety or a disruption to other
14students' learning opportunities. For purposes of this
15subsection (b-15), "threat to school safety or a disruption to
16other students' learning opportunities" shall be determined on
17a case-by-case basis by the school board or its designee.
18School officials shall make all reasonable efforts to resolve
19such threats, address such disruptions, and minimize the
20length of suspensions to the greatest extent practicable.
21    (b-20) Unless otherwise required by this Code,
22out-of-school suspensions of longer than 3 days, expulsions,
23and disciplinary removals to alternative schools may be used
24only if other appropriate and available behavioral and
25disciplinary interventions have been exhausted and the
26student's continuing presence in school would either (i) pose

 

 

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1a threat to the safety of other students, staff, or members of
2the school community or (ii) substantially disrupt, impede, or
3interfere with the operation of the school. For purposes of
4this subsection (b-20), "threat to the safety of other
5students, staff, or members of the school community" and
6"substantially disrupt, impede, or interfere with the
7operation of the school" shall be determined on a case-by-case
8basis by school officials. For purposes of this subsection
9(b-20), the determination of whether "appropriate and
10available behavioral and disciplinary interventions have been
11exhausted" shall be made by school officials. School officials
12shall make all reasonable efforts to resolve such threats,
13address such disruptions, and minimize the length of student
14exclusions to the greatest extent practicable. Within the
15suspension decision described in subsection (b) of this
16Section or the expulsion decision described in subsection (a)
17of this Section, it shall be documented whether other
18interventions were attempted or whether it was determined that
19there were no other appropriate and available interventions.
20    (b-25) Students who are suspended out-of-school for longer
21than 4 school days shall be provided appropriate and available
22support services during the period of their suspension. For
23purposes of this subsection (b-25), "appropriate and available
24support services" shall be determined by school authorities.
25Within the suspension decision described in subsection (b) of
26this Section, it shall be documented whether such services are

 

 

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1to be provided or whether it was determined that there are no
2such appropriate and available services.
3    A school district may refer students who are expelled to
4appropriate and available support services.
5    A school district shall create a policy to facilitate the
6re-engagement of students who are suspended out-of-school,
7expelled, or returning from an alternative school setting.
8    (b-30) A school district shall create a policy by which
9suspended pupils, including those pupils suspended from the
10school bus who do not have alternate transportation to school,
11shall have the opportunity to make up work for equivalent
12academic credit. It shall be the responsibility of a pupil's
13parents or guardians to notify school officials that a pupil
14suspended from the school bus does not have alternate
15transportation to school.
16    (b-35) In all suspension review hearings conducted under
17subsection (b) or expulsion hearings conducted under
18subsection (a), a student may disclose any factor to be
19considered in mitigation, including his or her status as a
20parent, expectant parent, or victim of domestic or sexual
21violence, as defined in Article 26A. A representative of the
22parent's or guardian's choice, or of the student's choice if
23emancipated, must be permitted to represent the student
24throughout the proceedings and to address the school board or
25its appointed hearing officer. With the approval of the
26student's parent or guardian, or of the student if

 

 

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1emancipated, a support person must be permitted to accompany
2the student to any disciplinary hearings or proceedings. The
3representative or support person must comply with any rules of
4the school district's hearing process. If the representative
5or support person violates the rules or engages in behavior or
6advocacy that harasses, abuses, or intimidates either party, a
7witness, or anyone else in attendance at the hearing, the
8representative or support person may be prohibited from
9further participation in the hearing or proceeding. A
10suspension or expulsion proceeding under this subsection
11(b-35) must be conducted independently from any ongoing
12criminal investigation or proceeding, and an absence of
13pending or possible criminal charges, criminal investigations,
14or proceedings may not be a factor in school disciplinary
15decisions.
16    (b-40) During a suspension review hearing conducted under
17subsection (b) or an expulsion hearing conducted under
18subsection (a) that involves allegations of sexual violence by
19the student who is subject to discipline, neither the student
20nor his or her representative shall directly question nor have
21direct contact with the alleged victim. The student who is
22subject to discipline or his or her representative may, at the
23discretion and direction of the school board or its appointed
24hearing officer, suggest questions to be posed by the school
25board or its appointed hearing officer to the alleged victim.
26    (c) A school board must invite a representative from a

 

 

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1local mental health agency to consult with the board at the
2meeting whenever there is evidence that mental illness may be
3the cause of a student's expulsion or suspension.
4    (c-5) School districts shall make reasonable efforts to
5provide ongoing professional development to teachers,
6administrators, school board members, school resource
7officers, and staff on the adverse consequences of school
8exclusion and justice-system involvement, effective classroom
9management strategies, culturally responsive discipline, the
10appropriate and available supportive services for the
11promotion of student attendance and engagement, and
12developmentally appropriate disciplinary methods that promote
13positive and healthy school climates.
14    (d) The board may expel a student for a definite period of
15time not to exceed 2 calendar years, as determined on a
16case-by-case basis. A student who is determined to have
17brought one of the following objects to school, any
18school-sponsored activity or event, or any activity or event
19that bears a reasonable relationship to school shall be
20expelled for a period of not 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.
12Expulsion or suspension shall be construed in a manner
13consistent with the federal Individuals with Disabilities
14Education Act. A student who is subject to suspension or
15expulsion as provided in this Section may be eligible for a
16transfer to an alternative school program in accordance with
17Article 13A of the School Code.
18    (d-5) The board may suspend or by regulation authorize the
19superintendent of the district or the principal, assistant
20principal, or dean of students of any school to suspend a
21student for a period not to exceed 10 school days or may expel
22a student for a definite period of time not to exceed 2
23calendar years, as determined on a case-by-case basis, if (i)
24that student has been determined to have made an explicit
25threat on an Internet website against a school employee, a
26student, or any school-related personnel, (ii) the Internet

 

 

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1website through which the threat was made is a site that was
2accessible within the school at the time the threat was made or
3was available to third parties who worked or studied within
4the school grounds at the time the threat was made, and (iii)
5the threat could be reasonably interpreted as threatening to
6the safety and security of the threatened individual because
7of his or her duties or employment status or status as a
8student inside the school.
9    (e) To maintain order and security in the schools, school
10authorities may inspect and search places and areas such as
11lockers, desks, parking lots, and other school property and
12equipment owned or controlled by the school, as well as
13personal effects left in those places and areas by students,
14without notice to or the consent of the student, and without a
15search warrant. As a matter of public policy, the General
16Assembly finds that students have no reasonable expectation of
17privacy in these places and areas or in their personal effects
18left in these places and areas. School authorities may request
19the assistance of law enforcement officials for the purpose of
20conducting inspections and searches of lockers, desks, parking
21lots, and other school property and equipment owned or
22controlled by the school for illegal drugs, weapons, or other
23illegal or dangerous substances or materials, including
24searches conducted through the use of specially trained dogs.
25If a search conducted in accordance with this Section produces
26evidence that the student has violated or is violating either

 

 

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1the law, local ordinance, or the school's policies or rules,
2such evidence may be seized by school authorities, and
3disciplinary action may be taken. School authorities may also
4turn over such evidence to law enforcement authorities.
5    (f) Suspension or expulsion may include suspension or
6expulsion from school and all school activities and a
7prohibition from being present on school grounds.
8    (g) A school district may adopt a policy providing that if
9a student is suspended or expelled for any reason from any
10public or private school in this or any other state, the
11student must complete the entire term of the suspension or
12expulsion in an alternative school program under Article 13A
13of this Code or an alternative learning opportunities program
14under Article 13B of this Code before being admitted into the
15school district if there is no threat to the safety of students
16or staff in the alternative program. A school district that
17adopts a policy under this subsection (g) must include a
18provision allowing for consideration of any mitigating
19factors, including, but not limited to, a student's status as
20a parent, expectant parent, or victim of domestic or sexual
21violence, as defined in Article 26A.
22    (h) School officials shall not advise or encourage
23students to drop out voluntarily due to behavioral or academic
24difficulties.
25    (i) School personnel may not issue A student may not be
26issued a monetary fine, or fee, or municipal ticket for

 

 

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1school-based behavior as a disciplinary consequence, though
2this shall not preclude requiring a student to provide
3restitution for lost, stolen, or damaged property. This
4subsection (i) does not modify school disciplinary responses
5provided under this Section or Section 10-20.14 of this Code
6that exist before the effective date of this amendatory Act of
7the 103rd General Assembly or responses to alleged delinquent
8or criminal conduct set forth in this Code, Article V of the
9Juvenile Court Act of 1987, or the Criminal Code of 2012.
10    (j) Subsections (a) through (i) of this Section shall
11apply to elementary and secondary schools, charter schools,
12special charter districts, and school districts organized
13under Article 34 of this Code.
14    (k) The expulsion of children enrolled in programs funded
15under Section 1C-2 of this Code is subject to the requirements
16under paragraph (7) of subsection (a) of Section 2-3.71 of
17this Code.
18    (l) Beginning with the 2018-2019 school year, an in-school
19suspension program provided by a school district for any
20students in kindergarten through grade 12 may focus on
21promoting non-violent conflict resolution and positive
22interaction with other students and school personnel. A school
23district may employ a school social worker or a licensed
24mental health professional to oversee an in-school suspension
25program in kindergarten through grade 12.
26(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;

 

 

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1102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
2    (105 ILCS 5/26-12)  (from Ch. 122, par. 26-12)
3    Sec. 26-12. Punitive action.
4    (a) No punitive action, including out-of-school
5suspensions, expulsions, or court action, shall be taken
6against truant minors for such truancy unless appropriate and
7available supportive services and other school resources have
8been provided to the student. Notwithstanding the provisions
9of Section 10-22.6 of this Code, a truant minor may not be
10expelled for nonattendance unless he or she has accrued 15
11consecutive days of absences without valid cause and the
12student cannot be located by the school district or the school
13district has located the student but cannot, after exhausting
14all available supportive services, compel the student to
15return to school.
16    (b) School personnel A school district may not refer a
17truant, chronic truant, or truant minor to any other local
18public entity, as defined under Section 1-206 of the Local
19Governmental and Governmental Employees Tort Immunity Act,
20school resource officer, as defined under Section 10-20.68 of
21this Code, or peace officer, as defined under Section 2-13 of
22the Criminal Code of 2012, for that local public entity to
23issue the child a fine or a fee as punishment for his or her
24truancy.
25    (c) A school district may refer any person having custody

 

 

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1or control of a truant, chronic truant, or truant minor to any
2other local public entity, as defined under Section 1-206 of
3the Local Governmental and Governmental Employees Tort
4Immunity Act, for that local public entity to issue the person
5a fine or fee for the child's truancy only if the school
6district's truant officer, regional office of education, or
7intermediate service center has been notified of the truant
8behavior and the school district, regional office of
9education, or intermediate service center has offered all
10appropriate and available supportive services and other school
11resources to the child. Before a school district may refer a
12person having custody or control of a child to a municipality,
13as defined under Section 1-1-2 of the Illinois Municipal Code,
14the school district must provide the following appropriate and
15available services:
16        (1) For any child who is a homeless child, as defined
17    under Section 1-5 of the Education for Homeless Children
18    Act, a meeting between the child, the person having
19    custody or control of the child, relevant school
20    personnel, and a homeless liaison to discuss any barriers
21    to the child's attendance due to the child's transitional
22    living situation and to construct a plan that removes
23    these barriers.
24        (2) For any child with a documented disability, a
25    meeting between the child, the person having custody or
26    control of the child, and relevant school personnel to

 

 

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1    review the child's current needs and address the
2    appropriateness of the child's placement and services. For
3    any child subject to Article 14 of this Code, this meeting
4    shall be an individualized education program meeting and
5    shall include relevant members of the individualized
6    education program team. For any child with a disability
7    under Section 504 of the federal Rehabilitation Act of
8    1973 (29 U.S.C. 794), this meeting shall be a Section 504
9    plan review and include relevant members of the Section
10    504 plan team.
11        (3) For any child currently being evaluated by a
12    school district for a disability or for whom the school
13    has a basis of knowledge that the child is a child with a
14    disability under 20 U.S.C. 1415(k)(5), the completion of
15    the evaluation and determination of the child's
16    eligibility for special education services.
17    (d) Before a school district may refer a person having
18custody or control of a child to a local public entity under
19this Section, the school district must document any
20appropriate and available supportive services offered to the
21child. In the event a meeting under this Section does not
22occur, a school district must have documentation that it made
23reasonable efforts to convene the meeting at a mutually
24convenient time and date for the school district and the
25person having custody or control of the child and, but for the
26conduct of that person, the meeting would have occurred.

 

 

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1(Source: P.A. 100-810, eff. 1-1-19; 100-825, eff. 8-13-18;
2101-81, eff. 7-12-19.)
 
3    Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.