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| | SB1400 Engrossed | | LRB103 25975 RJT 52329 b |
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1 | | AN ACT concerning education. |
2 | | Be it enacted by the People of the State of Illinois, |
3 | | represented in the General Assembly: |
4 | | Section 5. The School Code is amended by changing Sections |
5 | | 10-20.14 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 |
8 | | advisory committee. |
9 | | (a) To establish and maintain a parent-teacher advisory |
10 | | committee to develop with the school board or governing body |
11 | | of a charter school policy guidelines on student pupil |
12 | | discipline, including school searches and bullying prevention |
13 | | as set forth in Section 27-23.7 of this Code. School |
14 | | authorities shall furnish a copy of the policy to the parents |
15 | | or guardian of each student pupil within 15 days after the |
16 | | beginning of the school year, or within 15 days after starting |
17 | | classes for a student pupil who transfers into the district |
18 | | during the school year, and the school board or governing body |
19 | | of a charter school shall require that a school inform its |
20 | | students pupils of the contents of the policy. School boards |
21 | | and the governing bodies of charter schools, along with the |
22 | | parent-teacher advisory committee, must annually review their |
23 | | student pupil discipline policies and , the implementation of |
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1 | | those policies , and any other factors related to the safety of |
2 | | their schools, students pupils , and school personnel staff . |
3 | | (a-5) On or before September 15, 2016, each elementary and |
4 | | secondary school and charter school shall, at a minimum, adopt |
5 | | student pupil discipline policies that fulfill the |
6 | | requirements set forth in this Section, subsections (a) and |
7 | | (b) of Section 10-22.6 of this Code, Section 34-19 of this Code |
8 | | if applicable, and federal and State laws that provide special |
9 | | requirements for the discipline of students with disabilities. |
10 | | (b) The parent-teacher advisory committee in cooperation |
11 | | with local law enforcement agencies shall develop, with the |
12 | | school board, policy guideline procedures to establish and |
13 | | maintain a reciprocal reporting system between the school |
14 | | district and local law enforcement agencies regarding criminal |
15 | | offenses committed by students. School districts are |
16 | | encouraged to create memoranda of understanding with local law |
17 | | enforcement agencies that clearly define law enforcement's |
18 | | role in schools, in accordance with Section 10-22.6 of this |
19 | | Code. In consultation with stakeholders deemed appropriate by |
20 | | the State Board of Education, the State Board of Education |
21 | | shall draft and publish guidance for the development of |
22 | | reciprocal reporting systems in accordance with this Section |
23 | | on or before July 1, 2025. |
24 | | (c) The parent-teacher advisory committee, in cooperation |
25 | | with school bus personnel, shall develop, with the school |
26 | | board, policy guideline procedures to establish and maintain |
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1 | | school bus safety procedures. These procedures shall be |
2 | | incorporated into the district's student pupil discipline |
3 | | policy. In consultation with stakeholders deemed appropriate |
4 | | by the State Board of Education, the State Board of Education |
5 | | shall draft and publish guidance for school bus safety |
6 | | procedures in accordance with this Section on or before July |
7 | | 1, 2025. |
8 | | (d) As used in this subsection (d), "evidence-based |
9 | | intervention" means intervention that has demonstrated a |
10 | | statistically significant effect on improving student outcomes |
11 | | as documented in peer-reviewed scholarly journals. |
12 | | The school board, in consultation with the parent-teacher |
13 | | advisory committee and other community-based organizations, |
14 | | must include provisions in the student discipline policy to |
15 | | address students who have demonstrated behaviors that put them |
16 | | at risk for aggressive behavior, including without limitation |
17 | | bullying, as defined in the policy. These provisions must |
18 | | include procedures for notifying parents or legal guardians |
19 | | and early intervention procedures based upon available |
20 | | community-based and district resources. |
21 | | In consultation with behavioral health experts, the State |
22 | | Board of Education shall draft and publish guidance for |
23 | | evidence-based intervention procedures, including examples, in |
24 | | accordance 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 ; |
4 | | school searches. |
5 | | (a) To expel students pupils guilty of gross disobedience |
6 | | or misconduct, including gross disobedience or misconduct |
7 | | perpetuated by electronic means, pursuant to subsection (b-20) |
8 | | of this Section, and no action shall lie against them for such |
9 | | expulsion. Expulsion shall take place only after the parents |
10 | | have been requested to appear at a meeting of the board, or |
11 | | with a hearing officer appointed by it, to discuss their |
12 | | child's behavior. Such request shall be made by registered or |
13 | | certified mail and shall state the time, place and purpose of |
14 | | the meeting. The board, or a hearing officer appointed by it, |
15 | | at such meeting shall state the reasons for dismissal and the |
16 | | date on which the expulsion is to become effective. If a |
17 | | hearing officer is appointed by the board, the hearing officer |
18 | | he shall report to the board a written summary of the evidence |
19 | | heard at the meeting and the board may take such action thereon |
20 | | as it finds appropriate. If the board acts to expel a student |
21 | | pupil , the written expulsion decision shall detail the |
22 | | specific reasons why removing the student pupil from the |
23 | | learning environment is in the best interest of the school. |
24 | | The expulsion decision shall also include a rationale as to |
25 | | the specific duration of the expulsion. An expelled student |
26 | | pupil may be immediately transferred to an alternative program |
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1 | | in the manner provided in Article 13A or 13B of this Code. A |
2 | | student pupil must not be denied transfer because of the |
3 | | expulsion, except in cases in which such transfer is deemed to |
4 | | cause a threat to the safety of students or staff in the |
5 | | alternative program. |
6 | | (b) To suspend or by policy to authorize the |
7 | | superintendent of the district or the principal, assistant |
8 | | principal, or dean of students of any school to suspend |
9 | | students pupils guilty of gross disobedience or misconduct, or |
10 | | to suspend students pupils guilty of gross disobedience or |
11 | | misconduct on the school bus from riding the school bus, |
12 | | pursuant to subsections (b-15) and (b-20) of this Section, and |
13 | | no action shall lie against them for such suspension. The |
14 | | board may by policy authorize the superintendent of the |
15 | | district or the principal, assistant principal, or dean of |
16 | | students of any school to suspend students pupils guilty of |
17 | | such acts for a period not to exceed 10 school days. If a |
18 | | student pupil is suspended due to gross disobedience or |
19 | | misconduct on a school bus, the board may suspend the student |
20 | | pupil in excess of 10 school days for safety reasons. |
21 | | Any suspension shall be reported immediately to the |
22 | | parents or guardian of a student pupil along with a full |
23 | | statement of the reasons for such suspension and a notice of |
24 | | their right to a review. The school board must be given a |
25 | | summary of the notice, including the reason for the suspension |
26 | | and the suspension length. Upon request of the parents or |
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1 | | guardian, the school board or a hearing officer appointed by |
2 | | it shall review such action of the superintendent or |
3 | | principal, assistant principal, or dean of students. At such |
4 | | review, the parents or guardian of the student pupil may |
5 | | appear and discuss the suspension with the board or its |
6 | | hearing officer. If a hearing officer is appointed by the |
7 | | board, he shall report to the board a written summary of the |
8 | | evidence heard at the meeting. After its hearing or upon |
9 | | receipt of the written report of its hearing officer, the |
10 | | board may take such action as it finds appropriate. If a |
11 | | student is suspended pursuant to this subsection (b), the |
12 | | board shall, in the written suspension decision, detail the |
13 | | specific act of gross disobedience or misconduct resulting in |
14 | | the decision to suspend. The suspension decision shall also |
15 | | include a rationale as to the specific duration of the |
16 | | suspension. A pupil who is suspended in excess of 20 school |
17 | | days may be immediately transferred to an alternative program |
18 | | in the manner provided in Article 13A or 13B of this Code. A |
19 | | pupil must not be denied transfer because of the suspension, |
20 | | except in cases in which such transfer is deemed to cause a |
21 | | threat to the safety of students or staff in the alternative |
22 | | program. |
23 | | (b-5) Among the many possible disciplinary interventions |
24 | | and consequences available to school officials, school |
25 | | exclusions, such as out-of-school suspensions and expulsions, |
26 | | are the most serious. School officials shall limit the number |
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1 | | and duration of expulsions and suspensions to the greatest |
2 | | extent practicable, and it is recommended that they use them |
3 | | only for legitimate educational purposes. To ensure that |
4 | | students are not excluded from school unnecessarily, it is |
5 | | recommended that school officials consider forms of |
6 | | non-exclusionary discipline prior to using out-of-school |
7 | | suspensions or expulsions. |
8 | | (b-10) Unless otherwise required by federal law or this |
9 | | Code, school boards may not institute zero-tolerance policies |
10 | | by which school administrators are required to suspend or |
11 | | expel students for particular behaviors. |
12 | | (b-15) Out-of-school suspensions of 3 days or less may be |
13 | | used only if the student's continuing presence in school would |
14 | | pose a threat to school safety or a disruption to other |
15 | | students' learning opportunities. For purposes of this |
16 | | subsection (b-15), "threat to school safety or a disruption to |
17 | | other students' learning opportunities" shall be determined on |
18 | | a case-by-case basis by the school board or its designee. |
19 | | School officials shall make all reasonable efforts to resolve |
20 | | such threats, address such disruptions, and minimize the |
21 | | length of suspensions to the greatest extent practicable. |
22 | | (b-20) Unless otherwise required by this Code, |
23 | | out-of-school suspensions of longer than 3 days, expulsions, |
24 | | and disciplinary removals to alternative schools may be used |
25 | | only if other appropriate and available behavioral and |
26 | | disciplinary interventions have been exhausted and the |
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1 | | student's continuing presence in school would either (i) pose |
2 | | a threat to the safety of other students, staff, or members of |
3 | | the school community or (ii) substantially disrupt, impede, or |
4 | | interfere with the operation of the school. For purposes of |
5 | | this subsection (b-20), "threat to the safety of other |
6 | | students, staff, or members of the school community" and |
7 | | "substantially disrupt, impede, or interfere with the |
8 | | operation of the school" shall be determined on a case-by-case |
9 | | basis by school officials. For purposes of this subsection |
10 | | (b-20), the determination of whether "appropriate and |
11 | | available behavioral and disciplinary interventions have been |
12 | | exhausted" shall be made by school officials. School officials |
13 | | shall make all reasonable efforts to resolve such threats, |
14 | | address such disruptions, and minimize the length of student |
15 | | exclusions to the greatest extent practicable. Within the |
16 | | suspension decision described in subsection (b) of this |
17 | | Section or the expulsion decision described in subsection (a) |
18 | | of this Section, it shall be documented whether other |
19 | | interventions were attempted or whether it was determined that |
20 | | there were no other appropriate and available interventions. |
21 | | (b-25) Students who are suspended out-of-school for longer |
22 | | than 3 4 school days shall be provided appropriate and |
23 | | available support services during the period of their |
24 | | suspension. For purposes of this subsection (b-25), |
25 | | "appropriate and available support services" shall be |
26 | | determined by school authorities. Within the suspension |
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1 | | decision described in subsection (b) of this Section, it shall |
2 | | be documented whether such services are to be provided or |
3 | | whether it was determined that there are no such appropriate |
4 | | and available services. |
5 | | A school district may refer students who are expelled to |
6 | | appropriate and available support services. |
7 | | A school district shall create a policy to facilitate the |
8 | | re-engagement of students who are suspended out-of-school, |
9 | | expelled, or returning from an alternative school setting. In |
10 | | consultation with stakeholders deemed appropriate by the State |
11 | | Board of Education, the State Board of Education shall draft |
12 | | and publish guidance for the re-engagement of students who are |
13 | | suspended out-of-school, expelled, or returning from an |
14 | | alternative school setting in accordance with this Section and |
15 | | Section 13A-4 on or before July 1, 2025. |
16 | | (b-30) A school district shall create a policy by which |
17 | | suspended students pupils , including those students pupils |
18 | | suspended from the school bus who do not have alternate |
19 | | transportation to school, shall have the opportunity to make |
20 | | up work for equivalent academic credit. It shall be the |
21 | | responsibility of a student's pupil's parent or guardian to |
22 | | notify school officials that a student pupil suspended from |
23 | | the school bus does not have alternate transportation to |
24 | | school. |
25 | | (c) A school board must invite a representative from a |
26 | | local mental health agency to consult with the board at the |
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1 | | meeting whenever there is evidence that mental illness may be |
2 | | the cause of a student's expulsion or suspension. |
3 | | (c-5) School districts shall make reasonable efforts to |
4 | | provide ongoing professional development to all school |
5 | | personnel teachers, administrators , school board members, and |
6 | | school resource officers, and staff on the requirements of |
7 | | this Section and Section 10-20.14, the adverse consequences of |
8 | | school exclusion and justice-system involvement, effective |
9 | | classroom management strategies, culturally responsive |
10 | | discipline, trauma-responsive learning environments, as |
11 | | defined in subsection (b) of Section 3-11, the appropriate and |
12 | | available supportive services for the promotion of student |
13 | | attendance and engagement, and developmentally appropriate |
14 | | disciplinary methods that promote positive and healthy school |
15 | | climates. |
16 | | (d) The board may expel a student for a definite period of |
17 | | time not to exceed 2 calendar years, as determined on a |
18 | | case-by-case basis. A student who is determined to have |
19 | | brought one of the following objects to school, any |
20 | | school-sponsored activity or event, or any activity or event |
21 | | that bears a reasonable relationship to school shall be |
22 | | expelled 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. |
14 | | Expulsion or suspension shall be construed in a manner |
15 | | consistent with the federal Individuals with Disabilities |
16 | | Education Act. A student who is subject to suspension or |
17 | | expulsion as provided in this Section may be eligible for a |
18 | | transfer to an alternative school program in accordance with |
19 | | Article 13A of the School Code. |
20 | | (d-5) The board may suspend or by regulation authorize the |
21 | | superintendent of the district or the principal, assistant |
22 | | principal, or dean of students of any school to suspend a |
23 | | student for a period not to exceed 10 school days or may expel |
24 | | a student for a definite period of time not to exceed 2 |
25 | | calendar years, as determined on a case-by-case basis, if (i) |
26 | | that student has been determined to have made an explicit |
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1 | | threat on an Internet website against a school employee, a |
2 | | student, or any school-related personnel, (ii) the Internet |
3 | | website through which the threat was made is a site that was |
4 | | accessible within the school at the time the threat was made or |
5 | | was available to third parties who worked or studied within |
6 | | the school grounds at the time the threat was made, and (iii) |
7 | | the threat could be reasonably interpreted as threatening to |
8 | | the safety and security of the threatened individual because |
9 | | of the individual's his or her duties or employment status or |
10 | | status as a student inside the school. |
11 | | (e) To maintain order and security in the schools, school |
12 | | authorities may inspect and search places and areas such as |
13 | | lockers, desks, parking lots, and other school property and |
14 | | equipment owned or controlled by the school, as well as |
15 | | personal effects left in those places and areas by students, |
16 | | without notice to or the consent of the student, and without a |
17 | | search warrant. As a matter of public policy, the General |
18 | | Assembly finds that students have no reasonable expectation of |
19 | | privacy in these places and areas or in their personal effects |
20 | | left in these places and areas. School authorities may request |
21 | | the assistance of law enforcement officials for the purpose of |
22 | | conducting inspections and searches of lockers, desks, parking |
23 | | lots, and other school property and equipment owned or |
24 | | controlled by the school for illegal drugs, weapons, or other |
25 | | illegal or dangerous substances or materials, including |
26 | | searches conducted through the use of specially trained dogs. |
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1 | | If a search conducted in accordance with this Section produces |
2 | | evidence that the student has violated or is violating either |
3 | | the law, local ordinance, or the school's policies or rules, |
4 | | such evidence may be seized by school authorities, and |
5 | | disciplinary action may be taken. School authorities may also |
6 | | turn over such evidence to law enforcement authorities. |
7 | | (f) Suspension or expulsion may include suspension or |
8 | | expulsion from school and all school activities and a |
9 | | prohibition from being present on school grounds. |
10 | | (g) A school district may adopt a policy providing that if |
11 | | a student is suspended or expelled for any reason from any |
12 | | public or private school in this or any other state, the |
13 | | student must complete the entire term of the suspension or |
14 | | expulsion in an alternative school program under Article 13A |
15 | | of this Code or an alternative learning opportunities program |
16 | | under Article 13B of this Code before being admitted into the |
17 | | school district if there is no threat to the safety of students |
18 | | or staff in the alternative program. |
19 | | (h) School officials shall not advise or encourage |
20 | | students to drop out voluntarily due to behavioral or academic |
21 | | difficulties. |
22 | | (i) A student may not be issued a monetary fine or fee as a |
23 | | disciplinary consequence, though this shall not preclude |
24 | | requiring a student to provide restitution for lost, stolen, |
25 | | or damaged property. |
26 | | (j) Subsections (a) through (i) of this Section shall |
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1 | | apply to elementary and secondary schools, charter schools, |
2 | | special charter districts, and school districts organized |
3 | | under Article 34 of this Code. |
4 | | (k) The expulsion of students children enrolled in |
5 | | programs funded under Section 1C-2 of this Code is subject to |
6 | | the requirements under paragraph (7) of subsection (a) of |
7 | | Section 2-3.71 of this Code. |
8 | | (l) An Beginning with the 2018-2019 school year, an |
9 | | in-school suspension program provided by a school district for |
10 | | any students in kindergarten through grade 12 may focus on |
11 | | promoting non-violent conflict resolution and positive |
12 | | interaction with other students and school personnel. A school |
13 | | district may employ a school social worker or a licensed |
14 | | mental health professional to oversee an in-school suspension |
15 | | program in kindergarten through grade 12. |
16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; |
17 | | 102-813, 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 ; |
20 | | school searches. |
21 | | (a) To expel students pupils guilty of gross disobedience |
22 | | or misconduct, including gross disobedience or misconduct |
23 | | perpetuated by electronic means, pursuant to subsection (b-20) |
24 | | of this Section, and no action shall lie against them for such |
25 | | expulsion. Expulsion shall take place only after the parents |
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1 | | or guardians have been requested to appear at a meeting of the |
2 | | board, or with a hearing officer appointed by it, to discuss |
3 | | their child's behavior. Such request shall be made by |
4 | | registered or certified mail and shall state the time, place |
5 | | and purpose of the meeting. The board, or a hearing officer |
6 | | appointed by it, at such meeting shall state the reasons for |
7 | | dismissal and the date on which the expulsion is to become |
8 | | effective. If a hearing officer is appointed by the board, the |
9 | | hearing officer he shall report to the board a written summary |
10 | | of the evidence heard at the meeting and the board may take |
11 | | such action thereon as it finds appropriate. If the board acts |
12 | | to expel a student pupil , the written expulsion decision shall |
13 | | detail the specific reasons why removing the student pupil |
14 | | from the learning environment is in the best interest of the |
15 | | school. The expulsion decision shall also include a rationale |
16 | | as to the specific duration of the expulsion. An expelled |
17 | | student pupil may be immediately transferred to an alternative |
18 | | program in the manner provided in Article 13A or 13B of this |
19 | | Code. A student pupil must not be denied transfer because of |
20 | | the expulsion, except in cases in which such transfer is |
21 | | deemed to cause a threat to the safety of students or staff in |
22 | | the alternative program. |
23 | | (b) To suspend or by policy to authorize the |
24 | | superintendent of the district or the principal, assistant |
25 | | principal, or dean of students of any school to suspend |
26 | | students pupils guilty of gross disobedience or misconduct, or |
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1 | | to suspend students pupils guilty of gross disobedience or |
2 | | misconduct on the school bus from riding the school bus, |
3 | | pursuant to subsections (b-15) and (b-20) of this Section, and |
4 | | no action shall lie against them for such suspension. The |
5 | | board may by policy authorize the superintendent of the |
6 | | district or the principal, assistant principal, or dean of |
7 | | students of any school to suspend students pupils guilty of |
8 | | such acts for a period not to exceed 10 school days. If a |
9 | | student pupil is suspended due to gross disobedience or |
10 | | misconduct on a school bus, the board may suspend the student |
11 | | pupil in excess of 10 school days for safety reasons. |
12 | | Any suspension shall be reported immediately to the |
13 | | parents or guardians of a student pupil along with a full |
14 | | statement of the reasons for such suspension and a notice of |
15 | | their right to a review. The school board must be given a |
16 | | summary of the notice, including the reason for the suspension |
17 | | and the suspension length. Upon request of the parents or |
18 | | guardians, the school board or a hearing officer appointed by |
19 | | it shall review such action of the superintendent or |
20 | | principal, assistant principal, or dean of students. At such |
21 | | review, the parents or guardians of the student pupil may |
22 | | appear and discuss the suspension with the board or its |
23 | | hearing officer. If a hearing officer is appointed by the |
24 | | board, he shall report to the board a written summary of the |
25 | | evidence heard at the meeting. After its hearing or upon |
26 | | receipt of the written report of its hearing officer, the |
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1 | | board may take such action as it finds appropriate. If a |
2 | | student is suspended pursuant to this subsection (b), the |
3 | | board shall, in the written suspension decision, detail the |
4 | | specific act of gross disobedience or misconduct resulting in |
5 | | the decision to suspend. The suspension decision shall also |
6 | | include a rationale as to the specific duration of the |
7 | | suspension. A pupil who is suspended in excess of 20 school |
8 | | days may be immediately transferred to an alternative program |
9 | | in the manner provided in Article 13A or 13B of this Code. A |
10 | | pupil must not be denied transfer because of the suspension, |
11 | | except in cases in which such transfer is deemed to cause a |
12 | | threat to the safety of students or staff in the alternative |
13 | | program. |
14 | | (b-5) Among the many possible disciplinary interventions |
15 | | and consequences available to school officials, school |
16 | | exclusions, such as out-of-school suspensions and expulsions, |
17 | | are the most serious. School officials shall limit the number |
18 | | and duration of expulsions and suspensions to the greatest |
19 | | extent practicable, and it is recommended that they use them |
20 | | only for legitimate educational purposes. To ensure that |
21 | | students are not excluded from school unnecessarily, it is |
22 | | recommended that school officials consider forms of |
23 | | non-exclusionary discipline prior to using out-of-school |
24 | | suspensions or expulsions. |
25 | | (b-10) Unless otherwise required by federal law or this |
26 | | Code, school boards may not institute zero-tolerance policies |
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1 | | by which school administrators are required to suspend or |
2 | | expel students for particular behaviors. |
3 | | (b-15) Out-of-school suspensions of 3 days or less may be |
4 | | used only if the student's continuing presence in school would |
5 | | pose a threat to school safety or a disruption to other |
6 | | students' learning opportunities. For purposes of this |
7 | | subsection (b-15), "threat to school safety or a disruption to |
8 | | other students' learning opportunities" shall be determined on |
9 | | a case-by-case basis by the school board or its designee. |
10 | | School officials shall make all reasonable efforts to resolve |
11 | | such threats, address such disruptions, and minimize the |
12 | | length of suspensions to the greatest extent practicable. |
13 | | (b-20) Unless otherwise required by this Code, |
14 | | out-of-school suspensions of longer than 3 days, expulsions, |
15 | | and disciplinary removals to alternative schools may be used |
16 | | only if other appropriate and available behavioral and |
17 | | disciplinary interventions have been exhausted and the |
18 | | student's continuing presence in school would either (i) pose |
19 | | a threat to the safety of other students, staff, or members of |
20 | | the school community or (ii) substantially disrupt, impede, or |
21 | | interfere with the operation of the school. For purposes of |
22 | | this subsection (b-20), "threat to the safety of other |
23 | | students, staff, or members of the school community" and |
24 | | "substantially disrupt, impede, or interfere with the |
25 | | operation of the school" shall be determined on a case-by-case |
26 | | basis by school officials. For purposes of this subsection |
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1 | | (b-20), the determination of whether "appropriate and |
2 | | available behavioral and disciplinary interventions have been |
3 | | exhausted" shall be made by school officials. School officials |
4 | | shall make all reasonable efforts to resolve such threats, |
5 | | address such disruptions, and minimize the length of student |
6 | | exclusions to the greatest extent practicable. Within the |
7 | | suspension decision described in subsection (b) of this |
8 | | Section or the expulsion decision described in subsection (a) |
9 | | of this Section, it shall be documented whether other |
10 | | interventions were attempted or whether it was determined that |
11 | | there were no other appropriate and available interventions. |
12 | | (b-25) Students who are suspended out-of-school for longer |
13 | | than 3 4 school days shall be provided appropriate and |
14 | | available support services during the period of their |
15 | | suspension. For purposes of this subsection (b-25), |
16 | | "appropriate and available support services" shall be |
17 | | determined by school authorities. Within the suspension |
18 | | decision described in subsection (b) of this Section, it shall |
19 | | be documented whether such services are to be provided or |
20 | | whether it was determined that there are no such appropriate |
21 | | and available services. |
22 | | A school district may refer students who are expelled to |
23 | | appropriate and available support services. |
24 | | A school district shall create a policy to facilitate the |
25 | | re-engagement of students who are suspended out-of-school, |
26 | | expelled, or returning from an alternative school setting. In |
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1 | | consultation with stakeholders deemed appropriate by the State |
2 | | Board of Education, the State Board of Education shall draft |
3 | | and publish guidance for the re-engagement of students who are |
4 | | suspended out-of-school, expelled, or returning from an |
5 | | alternative school setting in accordance with this Section and |
6 | | Section 13A-4 on or before July 1, 2025. |
7 | | (b-30) A school district shall create a policy by which |
8 | | suspended students pupils , including those students pupils |
9 | | suspended from the school bus who do not have alternate |
10 | | transportation to school, shall have the opportunity to make |
11 | | up work for equivalent academic credit. It shall be the |
12 | | responsibility of a student's pupil's parents or guardians to |
13 | | notify school officials that a student pupil suspended from |
14 | | the school bus does not have alternate transportation to |
15 | | school. |
16 | | (b-35) In all suspension review hearings conducted under |
17 | | subsection (b) or expulsion hearings conducted under |
18 | | subsection (a), a student may disclose any factor to be |
19 | | considered in mitigation, including his or her status as a |
20 | | parent, expectant parent, or victim of domestic or sexual |
21 | | violence, as defined in Article 26A. A representative of the |
22 | | parent's or guardian's choice, or of the student's choice if |
23 | | emancipated, must be permitted to represent the student |
24 | | throughout the proceedings and to address the school board or |
25 | | its appointed hearing officer. With the approval of the |
26 | | student's parent or guardian, or of the student if |
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1 | | emancipated, a support person must be permitted to accompany |
2 | | the student to any disciplinary hearings or proceedings. The |
3 | | representative or support person must comply with any rules of |
4 | | the school district's hearing process. If the representative |
5 | | or support person violates the rules or engages in behavior or |
6 | | advocacy that harasses, abuses, or intimidates either party, a |
7 | | witness, or anyone else in attendance at the hearing, the |
8 | | representative or support person may be prohibited from |
9 | | further participation in the hearing or proceeding. A |
10 | | suspension or expulsion proceeding under this subsection |
11 | | (b-35) must be conducted independently from any ongoing |
12 | | criminal investigation or proceeding, and an absence of |
13 | | pending or possible criminal charges, criminal investigations, |
14 | | or proceedings may not be a factor in school disciplinary |
15 | | decisions. |
16 | | (b-40) During a suspension review hearing conducted under |
17 | | subsection (b) or an expulsion hearing conducted under |
18 | | subsection (a) that involves allegations of sexual violence by |
19 | | the student who is subject to discipline, neither the student |
20 | | nor his or her representative shall directly question nor have |
21 | | direct contact with the alleged victim. The student who is |
22 | | subject to discipline or his or her representative may, at the |
23 | | discretion and direction of the school board or its appointed |
24 | | hearing officer, suggest questions to be posed by the school |
25 | | board or its appointed hearing officer to the alleged victim. |
26 | | (c) A school board must invite a representative from a |
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1 | | local mental health agency to consult with the board at the |
2 | | meeting whenever there is evidence that mental illness may be |
3 | | the cause of a student's expulsion or suspension. |
4 | | (c-5) School districts shall make reasonable efforts to |
5 | | provide ongoing professional development to all school |
6 | | personnel teachers, administrators , school board members, and |
7 | | school resource officers , and staff on the requirements of |
8 | | this Section and Section 10-20.14, the adverse consequences of |
9 | | school exclusion and justice-system involvement, effective |
10 | | classroom management strategies, culturally responsive |
11 | | discipline, trauma-responsive learning environments, as |
12 | | defined in subsection (b) of Section 3-11, the appropriate and |
13 | | available supportive services for the promotion of student |
14 | | attendance and engagement, and developmentally appropriate |
15 | | disciplinary methods that promote positive and healthy school |
16 | | climates. |
17 | | (d) The board may expel a student for a definite period of |
18 | | time not to exceed 2 calendar years, as determined on a |
19 | | case-by-case basis. A student who is determined to have |
20 | | brought one of the following objects to school, any |
21 | | school-sponsored activity or event, or any activity or event |
22 | | that bears a reasonable relationship to school shall be |
23 | | expelled 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. |
15 | | Expulsion or suspension shall be construed in a manner |
16 | | consistent with the federal Individuals with Disabilities |
17 | | Education Act. A student who is subject to suspension or |
18 | | expulsion as provided in this Section may be eligible for a |
19 | | transfer to an alternative school program in accordance with |
20 | | Article 13A of the School Code. |
21 | | (d-5) The board may suspend or by regulation authorize the |
22 | | superintendent of the district or the principal, assistant |
23 | | principal, or dean of students of any school to suspend a |
24 | | student for a period not to exceed 10 school days or may expel |
25 | | a student for a definite period of time not to exceed 2 |
26 | | calendar years, as determined on a case-by-case basis, if (i) |
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1 | | that student has been determined to have made an explicit |
2 | | threat on an Internet website against a school employee, a |
3 | | student, or any school-related personnel, (ii) the Internet |
4 | | website through which the threat was made is a site that was |
5 | | accessible within the school at the time the threat was made or |
6 | | was available to third parties who worked or studied within |
7 | | the school grounds at the time the threat was made, and (iii) |
8 | | the threat could be reasonably interpreted as threatening to |
9 | | the safety and security of the threatened individual because |
10 | | of the individual's his or her duties or employment status or |
11 | | status as a student inside the school. |
12 | | (e) To maintain order and security in the schools, school |
13 | | authorities may inspect and search places and areas such as |
14 | | lockers, desks, parking lots, and other school property and |
15 | | equipment owned or controlled by the school, as well as |
16 | | personal effects left in those places and areas by students, |
17 | | without notice to or the consent of the student, and without a |
18 | | search warrant. As a matter of public policy, the General |
19 | | Assembly finds that students have no reasonable expectation of |
20 | | privacy in these places and areas or in their personal effects |
21 | | left in these places and areas. School authorities may request |
22 | | the assistance of law enforcement officials for the purpose of |
23 | | conducting inspections and searches of lockers, desks, parking |
24 | | lots, and other school property and equipment owned or |
25 | | controlled by the school for illegal drugs, weapons, or other |
26 | | illegal or dangerous substances or materials, including |
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1 | | searches conducted through the use of specially trained dogs. |
2 | | If a search conducted in accordance with this Section produces |
3 | | evidence that the student has violated or is violating either |
4 | | the law, local ordinance, or the school's policies or rules, |
5 | | such evidence may be seized by school authorities, and |
6 | | disciplinary action may be taken. School authorities may also |
7 | | turn over such evidence to law enforcement authorities. |
8 | | (f) Suspension or expulsion may include suspension or |
9 | | expulsion from school and all school activities and a |
10 | | prohibition from being present on school grounds. |
11 | | (g) A school district may adopt a policy providing that if |
12 | | a student is suspended or expelled for any reason from any |
13 | | public or private school in this or any other state, the |
14 | | student must complete the entire term of the suspension or |
15 | | expulsion in an alternative school program under Article 13A |
16 | | of this Code or an alternative learning opportunities program |
17 | | under Article 13B of this Code before being admitted into the |
18 | | school district if there is no threat to the safety of students |
19 | | or staff in the alternative program. A school district that |
20 | | adopts a policy under this subsection (g) must include a |
21 | | provision allowing for consideration of any mitigating |
22 | | factors, including, but not limited to, a student's status as |
23 | | a parent, expectant parent, or victim of domestic or sexual |
24 | | violence, as defined in Article 26A. |
25 | | (h) School officials shall not advise or encourage |
26 | | students to drop out voluntarily due to behavioral or academic |
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1 | | difficulties. |
2 | | (i) A student may not be issued a monetary fine or fee as a |
3 | | disciplinary consequence, though this shall not preclude |
4 | | requiring a student to provide restitution for lost, stolen, |
5 | | or damaged property. |
6 | | (j) Subsections (a) through (i) of this Section shall |
7 | | apply to elementary and secondary schools, charter schools, |
8 | | special charter districts, and school districts organized |
9 | | under Article 34 of this Code. |
10 | | (k) The expulsion of students children enrolled in |
11 | | programs funded under Section 1C-2 of this Code is subject to |
12 | | the requirements under paragraph (7) of subsection (a) of |
13 | | Section 2-3.71 of this Code. |
14 | | (l) An Beginning with the 2018-2019 school year, an |
15 | | in-school suspension program provided by a school district for |
16 | | any students in kindergarten through grade 12 may focus on |
17 | | promoting non-violent conflict resolution and positive |
18 | | interaction with other students and school personnel. A school |
19 | | district may employ a school social worker or a licensed |
20 | | mental health professional to oversee an in-school suspension |
21 | | program in kindergarten through grade 12. |
22 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; |
23 | | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) |
24 | | Section 95. No acceleration or delay. Where this Act makes |
25 | | changes in a statute that is represented in this Act by text |