Illinois General Assembly - Full Text of SB3093
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Full Text of SB3093  102nd General Assembly

SB3093 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB3093

 

Introduced 1/11/2022, by Sen. Laura M. Murphy

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/10-22.6  from Ch. 122, par. 10-22.6
105 ILCS 5/13A-1

    Amends the School Code. Provides that school officials shall limit the number and duration of transfers to alternative schools in place of discipline. Requires a school district to create an Alternative School Bill of Rights by which a pupil who is offered a transfer to an alternative school in place of disciplinary action shall be provided with certain information by the appropriate administrator. Provides that the Alternative School Bill of Rights shall constitute a contract between the school board and the educational rights holder by requiring a signature from either a representative, assignee, or other designated member of the school board and the educational rights holder. Provides that in no event may a school board extend the duration of a pupil's transfer to an alternative school in place of discipline without written notice to the educational rights holder and an opportunity to be meaningful heard before the school board. Makes related changes. Effective immediately.


LRB102 22959 CMG 32113 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

SB3093LRB102 22959 CMG 32113 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
510-22.6 and 13A-1 as follows:
 
6    (105 ILCS 5/10-22.6)  (from Ch. 122, par. 10-22.6)
7    (Text of Section before amendment by P.A. 102-466)
8    Sec. 10-22.6. Suspension, or expulsion, or transfer in
9place of disciplinary action of pupils; school searches.
10    (a) To expel pupils guilty of gross disobedience or
11misconduct, including gross disobedience or misconduct
12perpetuated by electronic means, pursuant to subsection (b-20)
13of this Section, and no action shall lie against them for such
14expulsion. Expulsion shall take place only after the parents
15have been requested to appear at a meeting of the board, or
16with a hearing officer appointed by it, to discuss their
17child's behavior. Such request shall be made by registered or
18certified mail and shall state the time, place and purpose of
19the meeting. The board, or a hearing officer appointed by it,
20at such meeting shall state the reasons for dismissal and the
21date on which the expulsion is to become effective. If a
22hearing officer is appointed by the board, he shall report to
23the board a written summary of the evidence heard at the

 

 

SB3093- 2 -LRB102 22959 CMG 32113 b

1meeting and the board may take such action thereon as it finds
2appropriate. If the board acts to expel a pupil, the written
3expulsion decision shall detail the specific reasons why
4removing the pupil from the learning environment is in the
5best interest of the school. The expulsion decision shall also
6include a rationale as to the specific duration of the
7expulsion. An expelled pupil may be immediately transferred to
8an alternative program in the manner provided in Article 13A
9or 13B of this Code. A pupil must not be denied transfer
10because of the expulsion, except in cases in which such
11transfer is deemed to cause a threat to the safety of students
12or staff in the alternative program.
13    (b) To suspend or by policy to authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend pupils
16guilty of gross disobedience or misconduct, or to suspend
17pupils guilty of gross disobedience or misconduct on the
18school bus from riding the school bus, pursuant to subsections
19(b-15) and (b-20) of this Section, and no action shall lie
20against them for such suspension. The board may by policy
21authorize the superintendent of the district or the principal,
22assistant principal, or dean of students of any school to
23suspend pupils guilty of such acts for a period not to exceed
2410 school days. If a pupil is suspended due to gross
25disobedience or misconduct on a school bus, the board may
26suspend the pupil in excess of 10 school days for safety

 

 

SB3093- 3 -LRB102 22959 CMG 32113 b

1reasons.
2    Any suspension shall be reported immediately to the
3parents or guardian of a pupil along with a full statement of
4the reasons for such suspension and a notice of their right to
5a review. The school board must be given a summary of the
6notice, including the reason for the suspension and the
7suspension length. Upon request of the parents or guardian,
8the school board or a hearing officer appointed by it shall
9review such action of the superintendent or principal,
10assistant principal, or dean of students. At such review, the
11parents or guardian of the pupil may appear and discuss the
12suspension with the board or its hearing officer. If a hearing
13officer is appointed by the board, he shall report to the board
14a written summary of the evidence heard at the meeting. After
15its hearing or upon receipt of the written report of its
16hearing officer, the board may take such action as it finds
17appropriate. If a student is suspended pursuant to this
18subsection (b), the board shall, in the written suspension
19decision, detail the specific act of gross disobedience or
20misconduct resulting in the decision to suspend. The
21suspension decision shall also include a rationale as to the
22specific duration of the suspension. A pupil who is suspended
23in excess of 20 school days may be immediately transferred to
24an alternative program in the manner provided in Article 13A
25or 13B of this Code. A pupil must not be denied transfer
26because of the suspension, except in cases in which such

 

 

SB3093- 4 -LRB102 22959 CMG 32113 b

1transfer is deemed to cause a threat to the safety of students
2or staff in the alternative program.
3    (b-5) Among the many possible disciplinary interventions
4and consequences available to school officials, school
5exclusions, such as out-of-school suspensions, transfers to
6alternative schools in place of discipline, and expulsions,
7are the most serious. School officials shall limit the number
8and duration of expulsions, transfers to alternative schools
9in place of discipline, and suspensions to the greatest extent
10practicable, and it is recommended that they use them only for
11legitimate educational purposes. To ensure that students are
12not excluded from school unnecessarily, it is recommended that
13school officials consider forms of non-exclusionary discipline
14prior to using out-of-school suspensions, transfers to
15alternative schools in place of discipline, or expulsions.
16    (b-10) Unless otherwise required by federal law or this
17Code, school boards may not institute zero-tolerance policies
18by which school administrators are required to suspend or
19expel students for particular behaviors.
20    (b-15) Out-of-school suspensions of 3 days or less may be
21used only if the student's continuing presence in school would
22pose a threat to school safety or a disruption to other
23students' learning opportunities. For purposes of this
24subsection (b-15), "threat to school safety or a disruption to
25other students' learning opportunities" shall be determined on
26a case-by-case basis by the school board or its designee.

 

 

SB3093- 5 -LRB102 22959 CMG 32113 b

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

 

 

SB3093- 6 -LRB102 22959 CMG 32113 b

1interventions were attempted or whether it was determined that
2there were no other appropriate and available interventions.
3    (b-25) Students who are suspended out-of-school for longer
4than 4 school days shall be provided appropriate and available
5support services during the period of their suspension. For
6purposes of this subsection (b-25), "appropriate and available
7support services" shall be determined by school authorities.
8Within the suspension decision described in subsection (b) of
9this Section, it shall be documented whether such services are
10to be provided or whether it was determined that there are no
11such appropriate and available services.
12    A school district may refer students who are expelled to
13appropriate and available support services.
14    A school district shall create a policy to facilitate the
15re-engagement of students who are suspended out-of-school,
16expelled, or returning from an alternative school setting.
17    (b-30) A school district shall create a policy by which
18suspended pupils, including those pupils suspended from the
19school bus who do not have alternate transportation to school,
20shall have the opportunity to make up work for equivalent
21academic credit. It shall be the responsibility of a pupil's
22parent or guardian to notify school officials that a pupil
23suspended from the school bus does not have alternate
24transportation to school.
25    (c) A school board must invite a representative from a
26local mental health agency to consult with the board at the

 

 

SB3093- 7 -LRB102 22959 CMG 32113 b

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 teachers,
5administrators, school board members, school resource
6officers, and staff on the adverse consequences of school
7exclusion and justice-system involvement, effective classroom
8management strategies, culturally responsive discipline, the
9appropriate and available supportive services for the
10promotion of student attendance and engagement, and
11developmentally appropriate disciplinary methods that promote
12positive and healthy school climates.
13    (d) The board may expel a student for a definite period of
14time not to exceed 2 calendar years, as determined on a
15case-by-case basis. A student who is determined to have
16brought one of the following objects to school, any
17school-sponsored activity or event, or any activity or event
18that bears a reasonable relationship to school shall be
19expelled for a period of not less than one year:
20        (1) A firearm. For the purposes of this Section,
21    "firearm" means any gun, rifle, shotgun, weapon as defined
22    by Section 921 of Title 18 of the United States Code,
23    firearm as defined in Section 1.1 of the Firearm Owners
24    Identification Card Act, or firearm as defined in Section
25    24-1 of the Criminal Code of 2012. The expulsion period
26    under this subdivision (1) may be modified by the

 

 

SB3093- 8 -LRB102 22959 CMG 32113 b

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

 

 

SB3093- 9 -LRB102 22959 CMG 32113 b

1accessible within the school at the time the threat was made or
2was available to third parties who worked or studied within
3the school grounds at the time the threat was made, and (iii)
4the threat could be reasonably interpreted as threatening to
5the safety and security of the threatened individual because
6of his or her duties or employment status or status as a
7student inside the school.
8    (d-10) A school district shall create an Alternative
9School Bill of Rights by which a pupil who is offered a
10transfer to an alternative school in place of disciplinary
11action shall be informed, at a minimum, by the appropriate
12administrator in writing:
13        (1) that the educational rights holder of the pupil
14    has a right to a hearing before a transfer to an
15    alternative school in place of discipline occurs as set
16    forth in subsection (a);
17        (2) of the risks and benefits of transferring to an
18    alternative school in place of disciplinary action,
19    including, but not limited to, the alternative school's
20    graduation rates compared to the sending school's
21    graduation rates, the alternative school's disciplinary
22    procedures if they differ from the sending school's
23    procedures, and the average amount of time a pupil spends
24    at an alternative school before returning to the sending
25    school;
26        (3) that the pupil may opt for a suspension or an

 

 

SB3093- 10 -LRB102 22959 CMG 32113 b

1    expulsion instead of a transfer in place of disciplinary
2    action;
3        (4) of the exact duration of school days that the
4    pupil shall be assigned to the alternative school in place
5    of discipline;
6        (5) of the specific nature of the curriculum offered
7    by the alternative school; and
8        (6) of the specific nature of the extracurricular
9    activities that the pupil shall be allowed to participate
10    in and shall be prohibited from participating in.
11    The Alternative School Bill of Rights shall constitute a
12contract between the school board and the educational rights
13holder by requiring a signature from either a representative,
14assignee, or other designated member of the school board and
15the educational rights holder. In no event may the school
16board extend the duration of a pupil's transfer to an
17alternative school in place of discipline without written
18notice to the educational rights holder and an opportunity to
19be meaningful heard before the school board.
20    (e) To maintain order and security in the schools, school
21authorities may inspect and search places and areas such as
22lockers, desks, parking lots, and other school property and
23equipment owned or controlled by the school, as well as
24personal effects left in those places and areas by students,
25without notice to or the consent of the student, and without a
26search warrant. As a matter of public policy, the General

 

 

SB3093- 11 -LRB102 22959 CMG 32113 b

1Assembly finds that students have no reasonable expectation of
2privacy in these places and areas or in their personal effects
3left in these places and areas. School authorities may request
4the assistance of law enforcement officials for the purpose of
5conducting inspections and searches of lockers, desks, parking
6lots, and other school property and equipment owned or
7controlled by the school for illegal drugs, weapons, or other
8illegal or dangerous substances or materials, including
9searches conducted through the use of specially trained dogs.
10If a search conducted in accordance with this Section produces
11evidence that the student has violated or is violating either
12the law, local ordinance, or the school's policies or rules,
13such evidence may be seized by school authorities, and
14disciplinary action may be taken. School authorities may also
15turn over such evidence to law enforcement authorities.
16    (f) Suspension or expulsion may include suspension or
17expulsion from school and all school activities and a
18prohibition from being present on school grounds.
19    (g) A school district may adopt a policy, subject to
20subsection (d-10), providing that if a student is suspended or
21expelled for any reason from any public or private school in
22this or any other state, the student must complete the entire
23term of the suspension or expulsion in an alternative school
24program under Article 13A of this Code or an alternative
25learning opportunities program under Article 13B of this Code
26before being admitted into the school district if there is no

 

 

SB3093- 12 -LRB102 22959 CMG 32113 b

1threat to the safety of students or staff in the alternative
2program.
3    (h) School officials shall not advise or encourage
4students to drop out voluntarily due to behavioral or academic
5difficulties.
6    (i) A student may not be issued a monetary fine or fee as a
7disciplinary consequence, though this shall not preclude
8requiring a student to provide restitution for lost, stolen,
9or damaged property.
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.)
 

 

 

SB3093- 13 -LRB102 22959 CMG 32113 b

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

 

 

SB3093- 14 -LRB102 22959 CMG 32113 b

1in Article 13A or 13B of this Code. A pupil must not be denied
2transfer because of the expulsion, except in cases in which
3such transfer is deemed to cause a threat to the safety of
4students or staff in the alternative program.
5    (b) To suspend or by policy to authorize the
6superintendent of the district or the principal, assistant
7principal, or dean of students of any school to suspend pupils
8guilty of gross disobedience or misconduct, or to suspend
9pupils guilty of gross disobedience or misconduct on the
10school bus from riding the school bus, pursuant to subsections
11(b-15) and (b-20) of this Section, and no action shall lie
12against them for such suspension. The board may by policy
13authorize the superintendent of the district or the principal,
14assistant principal, or dean of students of any school to
15suspend pupils guilty of such acts for a period not to exceed
1610 school days. If a pupil is suspended due to gross
17disobedience or misconduct on a school bus, the board may
18suspend the pupil in excess of 10 school days for safety
19reasons.
20    Any suspension shall be reported immediately to the
21parents or guardians of a pupil along with a full statement of
22the reasons for such suspension and a notice of their right to
23a review. The school board must be given a summary of the
24notice, including the reason for the suspension and the
25suspension length. Upon request of the parents or guardians,
26the school board or a hearing officer appointed by it shall

 

 

SB3093- 15 -LRB102 22959 CMG 32113 b

1review such action of the superintendent or principal,
2assistant principal, or dean of students. At such review, the
3parents or guardians of the pupil may appear and discuss the
4suspension with the board or its hearing officer. If a hearing
5officer is appointed by the board, he shall report to the board
6a written summary of the evidence heard at the meeting. After
7its hearing or upon receipt of the written report of its
8hearing officer, the board may take such action as it finds
9appropriate. If a student is suspended pursuant to this
10subsection (b), the board shall, in the written suspension
11decision, detail the specific act of gross disobedience or
12misconduct resulting in the decision to suspend. The
13suspension decision shall also include a rationale as to the
14specific duration of the suspension. A pupil who is suspended
15in excess of 20 school days 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 suspension, 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-5) Among the many possible disciplinary interventions
22and consequences available to school officials, school
23exclusions, such as out-of-school suspensions, transfers to
24alternative schools in place of discipline, and expulsions,
25are the most serious. School officials shall limit the number
26and duration of expulsions, transfers to alternative schools

 

 

SB3093- 16 -LRB102 22959 CMG 32113 b

1in place of discipline, and suspensions to the greatest extent
2practicable, and it is recommended that they use them only for
3legitimate educational purposes. To ensure that students are
4not excluded from school unnecessarily, it is recommended that
5school officials consider forms of non-exclusionary discipline
6prior to using out-of-school suspensions, transfers to
7alternative schools in place of discipline, 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

 

 

SB3093- 17 -LRB102 22959 CMG 32113 b

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 4 school days shall be provided appropriate and available
23support services during the period of their suspension. For
24purposes of this subsection (b-25), "appropriate and available
25support services" shall be determined by school authorities.
26Within the suspension decision described in subsection (b) of

 

 

SB3093- 18 -LRB102 22959 CMG 32113 b

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

 

 

SB3093- 19 -LRB102 22959 CMG 32113 b

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

 

 

SB3093- 20 -LRB102 22959 CMG 32113 b

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

 

 

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

 

 

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1student, or any school-related personnel, (ii) the Internet
2website through which the threat was made is a site that was
3accessible within the school at the time the threat was made or
4was available to third parties who worked or studied within
5the school grounds at the time the threat was made, and (iii)
6the threat could be reasonably interpreted as threatening to
7the safety and security of the threatened individual because
8of his or her duties or employment status or status as a
9student inside the school.
10    (d-10) A school district shall create an Alternative
11School Bill of Rights by which a pupil who is offered a
12transfer to an alternative school in place of disciplinary
13action shall be informed, at a minimum, by the appropriate
14administrator in writing:
15        (1) that the educational rights holder of the pupil
16    has a right to a hearing before a transfer to an
17    alternative school in place of discipline occurs as set
18    forth in subsection (a);
19        (2) of the risks and benefits of transferring to an
20    alternative school in place of disciplinary action,
21    including, but not limited to, the alternative school's
22    graduation rates compared to the sending school's
23    graduation rates, the alternative school's disciplinary
24    procedures if they differ from the sending school's
25    procedures, and the average amount of time a pupil spends
26    at an alternative school before returning to the sending

 

 

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1    school;
2        (3) that the pupil may opt for a suspension or an
3    expulsion instead of a transfer in place of disciplinary
4    action;
5        (4) of the exact duration of school days that the
6    pupil shall be assigned to the alternative school in place
7    of discipline;
8        (5) of the specific nature of the curriculum offered
9    by the alternative school; and
10        (6) of the specific nature of the extracurricular
11    activities that the pupil shall be allowed to participate
12    in and shall be prohibited from participating in.
13    The Alternative School Bill of Rights shall constitute a
14contract between the school board and the educational rights
15holder by requiring a signature from either a representative,
16assignee, or other designated member of the school board and
17the educational rights holder. In no event may the school
18board extend the duration of a pupil's transfer to an
19alternative school in place of discipline without written
20notice to the educational rights holder and an opportunity to
21be meaningful heard before the school board.
22    (e) To maintain order and security in the schools, school
23authorities may inspect and search places and areas such as
24lockers, desks, parking lots, and other school property and
25equipment owned or controlled by the school, as well as
26personal effects left in those places and areas by students,

 

 

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1without notice to or the consent of the student, and without a
2search warrant. As a matter of public policy, the General
3Assembly finds that students have no reasonable expectation of
4privacy in these places and areas or in their personal effects
5left in these places and areas. School authorities may request
6the assistance of law enforcement officials for the purpose of
7conducting inspections and searches of lockers, desks, parking
8lots, and other school property and equipment owned or
9controlled by the school for illegal drugs, weapons, or other
10illegal or dangerous substances or materials, including
11searches conducted through the use of specially trained dogs.
12If a search conducted in accordance with this Section produces
13evidence that the student has violated or is violating either
14the law, local ordinance, or the school's policies or rules,
15such evidence may be seized by school authorities, and
16disciplinary action may be taken. School authorities may also
17turn over such evidence to law enforcement authorities.
18    (f) Suspension or expulsion may include suspension or
19expulsion from school and all school activities and a
20prohibition from being present on school grounds.
21    (g) A school district may adopt a policy, subject to
22subsection (d-10), providing that if a student is suspended or
23expelled for any reason from any public or private school in
24this or any other state, the student must complete the entire
25term of the suspension or expulsion in an alternative school
26program under Article 13A of this Code or an alternative

 

 

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1learning opportunities program under Article 13B of this Code
2before being admitted into the school district if there is no
3threat to the safety of students or staff in the alternative
4program. A school district that adopts a policy under this
5subsection (g) must include a provision allowing for
6consideration of any mitigating factors, including, but not
7limited to, a student's status as a parent, expectant parent,
8or victim of domestic or sexual violence, as defined in
9Article 26A.
10    (h) School officials shall not advise or encourage
11students to drop out voluntarily due to behavioral or academic
12difficulties.
13    (i) A student may not be issued a monetary fine or fee as a
14disciplinary consequence, though this shall not preclude
15requiring a student to provide restitution for lost, stolen,
16or damaged property.
17    (j) Subsections (a) through (i) of this Section shall
18apply to elementary and secondary schools, charter schools,
19special charter districts, and school districts organized
20under Article 34 of this Code.
21    (k) The expulsion of children enrolled in programs funded
22under Section 1C-2 of this Code is subject to the requirements
23under paragraph (7) of subsection (a) of Section 2-3.71 of
24this Code.
25    (l) Beginning with the 2018-2019 school year, an in-school
26suspension program provided by a school district for any

 

 

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1students in kindergarten through grade 12 may focus on
2promoting non-violent conflict resolution and positive
3interaction with other students and school personnel. A school
4district may employ a school social worker or a licensed
5mental health professional to oversee an in-school suspension
6program in kindergarten through grade 12.
7(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
8102-539, eff. 8-20-21; revised 9-23-21.)
 
9    (105 ILCS 5/13A-1)
10    Sec. 13A-1. Legislative Declaration. The General Assembly
11finds and declares as follows:
12        (a) The children of this State constitute its most
13    important resource, and in order to enable those children
14    to reach their full potential, the State must provide them
15    the quality public education that the Constitution of the
16    State of Illinois mandates.
17        (b) The State cannot provide its children with the
18    education they deserve and require unless the environment
19    of the public schools is conducive to learning.
20        (c) That environment cannot be achieved unless an
21    atmosphere of safety prevails, assuring that the person of
22    each student, teacher, and staff member is respected, and
23    that none of those people are subjected to violence,
24    threats, harassment, intimidation, or otherwise
25    confrontational or inappropriate behaviors that disrupt

 

 

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1    the educational atmosphere.
2        (d) In most schools, although the disruptive students
3    who are the primary cause of inappropriate educational
4    environments comprise a small percentage of the total
5    student body, they nevertheless consume a substantial
6    amount of the time and resources of teachers and school
7    administrators who are required to address and contain
8    that disruptive behavior.
9        (e) Disruptive students typically derive little
10    benefit from traditional school programs and may benefit
11    substantially by being transferred from their current
12    school into an alternative public school program, where
13    their particular needs may be more appropriately and
14    individually addressed and where they may benefit from the
15    opportunity for a fresh start in a new educational
16    environment. At those alternative school programs,
17    innovative academic and school-to-work programs, including
18    but not limited to the techniques of work based learning
19    and technology delivered learning, can be utilized to best
20    help the students enrolled in those schools to become
21    productive citizens.
22        (f) Students need an appropriate, constructive
23    classroom atmosphere in order to benefit from the
24    teacher's presentations. Students cannot afford the
25    classroom disruptions and often become frustrated and
26    angry at the inability of their teachers and schools to

 

 

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1    control disruptive students. As a result, they drop out of
2    school too often. Furthermore, even if these students stay
3    in school and graduate, they have been deprived by their
4    disruptive classmates of the attention to their
5    educational needs that their teachers would otherwise have
6    provided, thereby diminishing their receiving the
7    education and skills necessary to secure good jobs and
8    become productive members of an increasingly competitive
9    economic environment.
10        (g) Parents of school children statewide have
11    expressed their rising anger and concern at the failure of
12    their local public schools to provide a safe and
13    appropriate educational environment for their children and
14    to deal appropriately with disruptive students, and the
15    General Assembly deems their concerns to be understandable
16    and justified.
17        (h) Every school district in the State shall do all it
18    can to ensure a safe and appropriate educational
19    environment for all of its students, and the first, but
20    not the only, step school districts must take to achieve
21    that goal is to administratively transfer disruptive
22    students from the schools they currently attend to the
23    alternative school programs created by this Article. Those
24    administrative transfers will also provide optional
25    educational programs to best fit the needs of the
26    transferred students.

 

 

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1        (h-5) Prior to an administrative transfer, a school
2    district shall create and provide an Alternative School
3    Bill of Rights under subsection (d-10) of Section 10-22.6.
4        (i) Administrative transfers may prove more productive
5    for dealing with disruptive students than out-of-school
6    suspensions or expulsions, which have been the subject of
7    much criticism.
8        (j) Because of the urgency of the problems described
9    in this Section, as well as their statewide impact, the
10    State of Illinois bears the responsibility to establish
11    and fully fund alternative schools as soon as possible,
12    thereby providing school districts with an option for
13    dealing with disruptive students that they do not now
14    possess.
15        (k) While school districts shall comply with all
16    applicable federal laws and regulations, they should do so
17    consistent with the goals and policies stated in this
18    Article. Further, this Article is intended to be
19    consistent with all applicable federal laws and
20    regulations.
21        (l) An alternative school program established under
22    this Article is subject to the other provisions of this
23    Code that apply generally in the public schools of this
24    State and to the rules and regulations promulgated
25    thereunder, except as otherwise provided in this Article.
26        (m) The provisions of the Illinois Educational Labor

 

 

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1    Relations Act apply to those alternative school programs
2    that are created on or after the effective date of this
3    amendatory Act of 1995.
4(Source: P.A. 89-383, eff. 8-18-95; 89-629, eff. 8-9-96.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.