SB1400 EngrossedLRB103 25975 RJT 52329 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. The School Code is amended by changing Sections
510-20.14 and 10-22.6 as follows:
 
6    (105 ILCS 5/10-20.14)  (from Ch. 122, par. 10-20.14)
7    Sec. 10-20.14. Student discipline policies; parent-teacher
8advisory committee.
9    (a) To establish and maintain a parent-teacher advisory
10committee to develop with the school board or governing body
11of a charter school policy guidelines on student pupil
12discipline, including school searches and bullying prevention
13as set forth in Section 27-23.7 of this Code. School
14authorities shall furnish a copy of the policy to the parents
15or guardian of each student pupil within 15 days after the
16beginning of the school year, or within 15 days after starting
17classes for a student pupil who transfers into the district
18during the school year, and the school board or governing body
19of a charter school shall require that a school inform its
20students pupils of the contents of the policy. School boards
21and the governing bodies of charter schools, along with the
22parent-teacher advisory committee, must annually review their
23student pupil discipline policies and , the implementation of

 

 

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1those policies, and any other factors related to the safety of
2their schools, students pupils, and school personnel staff.
3    (a-5) On or before September 15, 2016, each elementary and
4secondary school and charter school shall, at a minimum, adopt
5student pupil discipline policies that fulfill the
6requirements set forth in this Section, subsections (a) and
7(b) of Section 10-22.6 of this Code, Section 34-19 of this Code
8if applicable, and federal and State laws that provide special
9requirements for the discipline of students with disabilities.
10    (b) The parent-teacher advisory committee in cooperation
11with local law enforcement agencies shall develop, with the
12school board, policy guideline procedures to establish and
13maintain a reciprocal reporting system between the school
14district and local law enforcement agencies regarding criminal
15offenses committed by students. School districts are
16encouraged to create memoranda of understanding with local law
17enforcement agencies that clearly define law enforcement's
18role in schools, in accordance with Section 10-22.6 of this
19Code. In consultation with stakeholders deemed appropriate by
20the State Board of Education, the State Board of Education
21shall draft and publish guidance for the development of
22reciprocal reporting systems in accordance with this Section
23on or before July 1, 2025.
24    (c) The parent-teacher advisory committee, in cooperation
25with school bus personnel, shall develop, with the school
26board, policy guideline procedures to establish and maintain

 

 

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1school bus safety procedures. These procedures shall be
2incorporated into the district's student pupil discipline
3policy. In consultation with stakeholders deemed appropriate
4by the State Board of Education, the State Board of Education
5shall draft and publish guidance for school bus safety
6procedures in accordance with this Section on or before July
71, 2025.
8    (d) As used in this subsection (d), "evidence-based
9intervention" means intervention that has demonstrated a
10statistically significant effect on improving student outcomes
11as documented in peer-reviewed scholarly journals.
12    The school board, in consultation with the parent-teacher
13advisory committee and other community-based organizations,
14must include provisions in the student discipline policy to
15address students who have demonstrated behaviors that put them
16at risk for aggressive behavior, including without limitation
17bullying, as defined in the policy. These provisions must
18include procedures for notifying parents or legal guardians
19and early intervention procedures based upon available
20community-based and district resources.
21    In consultation with behavioral health experts, the State
22Board of Education shall draft and publish guidance for
23evidence-based intervention procedures, including examples, in
24accordance with this Section on or before July 1, 2025.
25(Source: P.A. 99-456, eff. 9-15-16.)
 

 

 

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1    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
2    (Text of Section before amendment by P.A. 102-466)
3    Sec. 10-22.6. Suspension or expulsion of students pupils;
4school searches.
5    (a) To expel students pupils guilty of gross disobedience
6or misconduct, 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
10have been requested to appear at a meeting of the board, or
11with a hearing officer appointed by it, to discuss their
12child's behavior. Such request shall be made by registered or
13certified mail and shall state the time, place and purpose of
14the meeting. The board, or a hearing officer appointed by it,
15at such meeting shall state the reasons for dismissal and the
16date on which the expulsion is to become effective. If a
17hearing officer is appointed by the board, the hearing officer
18he shall 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 student
21pupil, the written expulsion decision shall detail the
22specific reasons why removing the student pupil from the
23learning environment is in the best interest of the school.
24The expulsion decision shall also include a rationale as to
25the specific duration of the expulsion. An expelled student
26pupil may be immediately transferred to an alternative program

 

 

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1in the manner provided in Article 13A or 13B of this Code. A
2student pupil must not be denied transfer because of the
3expulsion, except in cases in which such transfer is deemed to
4cause a threat to the safety of students or staff in the
5alternative 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
9students pupils guilty of gross disobedience or misconduct, or
10to suspend students pupils guilty of gross disobedience or
11misconduct on the school bus from riding the school bus,
12pursuant to subsections (b-15) and (b-20) of this Section, and
13no action shall lie against them for such suspension. The
14board may by policy authorize the superintendent of the
15district or the principal, assistant principal, or dean of
16students of any school to suspend students pupils guilty of
17such acts for a period not to exceed 10 school days. If a
18student pupil is suspended due to gross disobedience or
19misconduct on a school bus, the board may suspend the student
20pupil in excess of 10 school days for safety reasons.
21    Any suspension shall be reported immediately to the
22parents or guardian of a student pupil along with a full
23statement of the reasons for such suspension and a notice of
24their right to a review. The school board must be given a
25summary of the notice, including the reason for the suspension
26and the suspension length. Upon request of the parents or

 

 

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

 

 

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

 

 

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

 

 

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1decision described in subsection (b) of this Section, it shall
2be documented whether such services are to be provided or
3whether it was determined that there are no such appropriate
4and available services.
5    A school district may refer students who are expelled to
6appropriate and available support services.
7    A school district shall create a policy to facilitate the
8re-engagement of students who are suspended out-of-school,
9expelled, or returning from an alternative school setting. In
10consultation with stakeholders deemed appropriate by the State
11Board of Education, the State Board of Education shall draft
12and publish guidance for the re-engagement of students who are
13suspended out-of-school, expelled, or returning from an
14alternative school setting in accordance with this Section and
15Section 13A-4 on or before July 1, 2025.
16    (b-30) A school district shall create a policy by which
17suspended students pupils, including those students pupils
18suspended from the school bus who do not have alternate
19transportation to school, shall have the opportunity to make
20up work for equivalent academic credit. It shall be the
21responsibility of a student's pupil's parent or guardian to
22notify school officials that a student pupil suspended from
23the school bus does not have alternate transportation to
24school.
25    (c) A school board must invite a representative from a
26local mental health agency to consult with the board at the

 

 

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1meeting whenever there is evidence that mental illness may be
2the cause of a student's expulsion or suspension.
3    (c-5) School districts shall make reasonable efforts to
4provide ongoing professional development to all school
5personnel teachers, administrators, school board members, and
6school resource officers, and staff on the requirements of
7this Section and Section 10-20.14, the adverse consequences of
8school exclusion and justice-system involvement, effective
9classroom management strategies, culturally responsive
10discipline, trauma-responsive learning environments, as
11defined in subsection (b) of Section 3-11, the appropriate and
12available supportive services for the promotion of student
13attendance and engagement, and developmentally appropriate
14disciplinary methods that promote positive and healthy school
15climates.
16    (d) The board may expel a student for a definite period of
17time not to exceed 2 calendar years, as determined on a
18case-by-case basis. A student who is determined to have
19brought one of the following objects to school, any
20school-sponsored activity or event, or any activity or event
21that bears a reasonable relationship to school shall be
22expelled for a period of not less than one year:
23        (1) A firearm. For the purposes of this Section,
24    "firearm" means any gun, rifle, shotgun, weapon as defined
25    by Section 921 of Title 18 of the United States Code,
26    firearm as defined in Section 1.1 of the Firearm Owners

 

 

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

 

 

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

 

 

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

 

 

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1apply to elementary and secondary schools, charter schools,
2special charter districts, and school districts organized
3under Article 34 of this Code.
4    (k) The expulsion of students children enrolled in
5programs funded under Section 1C-2 of this Code is subject to
6the requirements under paragraph (7) of subsection (a) of
7Section 2-3.71 of this Code.
8    (l) An Beginning with the 2018-2019 school year, an
9in-school suspension program provided by a school district for
10any students in kindergarten through grade 12 may focus on
11promoting non-violent conflict resolution and positive
12interaction with other students and school personnel. A school
13district may employ a school social worker or a licensed
14mental health professional to oversee an in-school suspension
15program in kindergarten through grade 12.
16(Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21;
17102-813, eff. 5-13-22.)
 
18    (Text of Section after amendment by P.A. 102-466)
19    Sec. 10-22.6. Suspension or expulsion of students pupils;
20school searches.
21    (a) To expel students pupils guilty of gross disobedience
22or misconduct, including gross disobedience or misconduct
23perpetuated by electronic means, pursuant to subsection (b-20)
24of this Section, and no action shall lie against them for such
25expulsion. Expulsion shall take place only after the parents

 

 

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

 

 

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1to suspend students pupils guilty of gross disobedience or
2misconduct on the school bus from riding the school bus,
3pursuant to subsections (b-15) and (b-20) of this Section, and
4no action shall lie against them for such suspension. The
5board may by policy authorize the superintendent of the
6district or the principal, assistant principal, or dean of
7students of any school to suspend students pupils guilty of
8such acts for a period not to exceed 10 school days. If a
9student pupil is suspended due to gross disobedience or
10misconduct on a school bus, the board may suspend the student
11pupil in excess of 10 school days for safety reasons.
12    Any suspension shall be reported immediately to the
13parents or guardians of a student pupil along with a full
14statement of the reasons for such suspension and a notice of
15their right to a review. The school board must be given a
16summary of the notice, including the reason for the suspension
17and the suspension length. Upon request of the parents or
18guardians, the school board or a hearing officer appointed by
19it shall review such action of the superintendent or
20principal, assistant principal, or dean of students. At such
21review, the parents or guardians of the student pupil may
22appear and discuss the suspension with the board or its
23hearing officer. If a hearing officer is appointed by the
24board, he shall report to the board a written summary of the
25evidence heard at the meeting. After its hearing or upon
26receipt of the written report of its hearing officer, the

 

 

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

 

 

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

 

 

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1(b-20), the determination of whether "appropriate and
2available behavioral and disciplinary interventions have been
3exhausted" shall be made by school officials. School officials
4shall make all reasonable efforts to resolve such threats,
5address such disruptions, and minimize the length of student
6exclusions to the greatest extent practicable. Within the
7suspension decision described in subsection (b) of this
8Section or the expulsion decision described in subsection (a)
9of this Section, it shall be documented whether other
10interventions were attempted or whether it was determined that
11there were no other appropriate and available interventions.
12    (b-25) Students who are suspended out-of-school for longer
13than 3 4 school days shall be provided appropriate and
14available support services during the period of their
15suspension. For purposes of this subsection (b-25),
16"appropriate and available support services" shall be
17determined by school authorities. Within the suspension
18decision described in subsection (b) of this Section, it shall
19be documented whether such services are to be provided or
20whether it was determined that there are no such appropriate
21and available services.
22    A school district may refer students who are expelled to
23appropriate and available support services.
24    A school district shall create a policy to facilitate the
25re-engagement of students who are suspended out-of-school,
26expelled, or returning from an alternative school setting. In

 

 

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1consultation with stakeholders deemed appropriate by the State
2Board of Education, the State Board of Education shall draft
3and publish guidance for the re-engagement of students who are
4suspended out-of-school, expelled, or returning from an
5alternative school setting in accordance with this Section and
6Section 13A-4 on or before July 1, 2025.
7    (b-30) A school district shall create a policy by which
8suspended students pupils, including those students pupils
9suspended from the school bus who do not have alternate
10transportation to school, shall have the opportunity to make
11up work for equivalent academic credit. It shall be the
12responsibility of a student's pupil's parents or guardians to
13notify school officials that a student pupil suspended from
14the school bus does not have alternate transportation to
15school.
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 all school
6personnel teachers, administrators, school board members, and
7school resource officers, and staff on the requirements of
8this Section and Section 10-20.14, the adverse consequences of
9school exclusion and justice-system involvement, effective
10classroom management strategies, culturally responsive
11discipline, trauma-responsive learning environments, as
12defined in subsection (b) of Section 3-11, the appropriate and
13available supportive services for the promotion of student
14attendance and engagement, and developmentally appropriate
15disciplinary methods that promote positive and healthy school
16climates.
17    (d) The board may expel a student for a definite period of
18time not to exceed 2 calendar years, as determined on a
19case-by-case basis. A student who is determined to have
20brought one of the following objects to school, any
21school-sponsored activity or event, or any activity or event
22that bears a reasonable relationship to school shall be
23expelled for a period of not less than one year:
24        (1) A firearm. For the purposes of this Section,
25    "firearm" means any gun, rifle, shotgun, weapon as defined
26    by Section 921 of Title 18 of the United States Code,

 

 

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

 

 

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

 

 

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

 

 

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1difficulties.
2    (i) A student may not be issued a monetary fine or fee as a
3disciplinary consequence, though this shall not preclude
4requiring a student to provide restitution for lost, stolen,
5or damaged property.
6    (j) Subsections (a) through (i) of this Section shall
7apply to elementary and secondary schools, charter schools,
8special charter districts, and school districts organized
9under Article 34 of this Code.
10    (k) The expulsion of students children enrolled in
11programs funded under Section 1C-2 of this Code is subject to
12the requirements under paragraph (7) of subsection (a) of
13Section 2-3.71 of this Code.
14    (l) An Beginning with the 2018-2019 school year, an
15in-school suspension program provided by a school district for
16any students in kindergarten through grade 12 may focus on
17promoting non-violent conflict resolution and positive
18interaction with other students and school personnel. A school
19district may employ a school social worker or a licensed
20mental health professional to oversee an in-school suspension
21program in kindergarten through grade 12.
22(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
23102-539, eff. 8-20-21; 102-813, eff. 5-13-22.)
 
24    Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

 

 

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.