Full Text of SB2489 96th General Assembly
SB2489sam001 96TH GENERAL ASSEMBLY
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Sen. Kimberly A. Lightford
Filed: 2/17/2010
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| AMENDMENT TO SENATE BILL 2489
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| AMENDMENT NO. ______. Amend Senate Bill 2489 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by changing Section | 5 |
| 10-22.6 as follows: | 6 |
| (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | 7 |
| Sec. 10-22.6. Suspension or expulsion of pupils; school | 8 |
| searches. | 9 |
| (a) To expel pupils guilty of gross disobedience or | 10 |
| misconduct, and and
no action shall lie against them for such | 11 |
| expulsion. Expulsion shall
take place only after the parents | 12 |
| have been requested to appear at a
meeting of the board, or | 13 |
| with a hearing officer appointed by it, to
discuss their | 14 |
| child's behavior. Such request shall be made by registered
or | 15 |
| certified mail and shall state the time, place and purpose of | 16 |
| the
meeting. The board, or a hearing officer appointed by it, |
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| at such
meeting shall state the reasons for dismissal and the | 2 |
| date on which the
expulsion is to become effective. If a | 3 |
| hearing officer is appointed by
the board he shall report to | 4 |
| the board a written summary of the evidence
heard at the | 5 |
| meeting and the board may take such action thereon as it
finds | 6 |
| appropriate. | 7 |
| (b) To suspend or by regulation to authorize the | 8 |
| superintendent of
the district or the principal, assistant | 9 |
| principal, or dean of students
of any school to suspend pupils | 10 |
| guilty of gross disobedience or misconduct, or
to suspend | 11 |
| pupils guilty of gross disobedience or misconduct on the school | 12 |
| bus
from riding the school bus, and no action
shall lie against | 13 |
| them for such suspension. The board may by regulation
authorize | 14 |
| the superintendent of the district or the principal, assistant
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| principal, or dean of students of any
school to suspend pupils | 16 |
| guilty of such acts for a period not to exceed
10 school days. | 17 |
| If a pupil is suspended due to gross disobedience or misconduct
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| on a school bus, the board may suspend the pupil in excess of | 19 |
| 10
school
days for safety reasons. Any suspension shall be | 20 |
| reported immediately to the
parents or guardian of such pupil | 21 |
| along with a full statement of the
reasons for such suspension | 22 |
| and a notice of their right to a review, a
copy of which shall | 23 |
| be given to the school board. Upon request of the
parents or | 24 |
| guardian the school board or a hearing officer appointed by
it | 25 |
| shall review such action of the superintendent or principal, | 26 |
| assistant
principal, or dean of students. At such
review the |
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| parents or guardian of the pupil may appear and discuss the
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| suspension with the board or its hearing officer. If a hearing | 3 |
| officer
is appointed by the board he shall report to the board | 4 |
| a written summary
of the evidence heard at the meeting. After | 5 |
| its hearing or upon receipt
of the written report of its | 6 |
| hearing officer, the board may take such
action as it finds | 7 |
| appropriate. | 8 |
| (c) The Department of Human Services
shall be invited to | 9 |
| send a representative to consult with the board at
such meeting | 10 |
| whenever there is evidence that mental illness may be the
cause | 11 |
| for expulsion or suspension. | 12 |
| (d) The board may expel a student for a definite period of | 13 |
| time not to
exceed 2 calendar years, as determined on a case by | 14 |
| case basis.
A student who
is determined to have brought one of | 15 |
| the following objects to school, any school-sponsored activity
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| or event, or any activity or event that bears a reasonable | 17 |
| relationship to school shall be expelled for a period of not | 18 |
| less than
one year: | 19 |
| (1) A firearm. For the purposes of this Section, | 20 |
| "firearm" means any gun, rifle, shotgun, weapon as defined | 21 |
| by Section 921 of Title 18 of the United States Code, | 22 |
| firearm as defined in Section 1.1 of the Firearm Owners | 23 |
| Identification Card Act, or firearm as defined in Section | 24 |
| 24-1 of the Criminal Code of 1961. The expulsion period | 25 |
| under this subdivision (1) may be modified by the | 26 |
| superintendent, and the superintendent's determination may |
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| be modified by the board on a case-by-case basis. | 2 |
| (2) A knife, brass knuckles or other knuckle weapon | 3 |
| regardless of its composition, a billy club, or any other | 4 |
| object if used or attempted to be used to cause bodily | 5 |
| harm, including "look alikes" of any firearm as defined in | 6 |
| subdivision (1) of this subsection (d). The expulsion | 7 |
| requirement under this subdivision (2) may be modified by | 8 |
| the superintendent, and the superintendent's determination | 9 |
| may be modified by the board on a case-by-case basis. | 10 |
| Expulsion
or suspension
shall be construed in a
manner | 11 |
| consistent with the Federal Individuals with Disabilities | 12 |
| Education
Act. A student who is subject to suspension or | 13 |
| expulsion as provided in this
Section may be eligible for a | 14 |
| transfer to an alternative school program in
accordance with | 15 |
| Article 13A of the School Code. The provisions of this
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| subsection (d) apply in all school districts,
including special | 17 |
| charter districts and districts organized under Article 34. | 18 |
| (e) To maintain order and security in the schools, school | 19 |
| authorities may
inspect and search places and areas such as | 20 |
| lockers, desks, parking lots, and
other school property and | 21 |
| equipment owned or controlled by the school, as well
as | 22 |
| personal effects left in those places and areas by students, | 23 |
| without notice
to or the consent of the student, and without a | 24 |
| search warrant. As a matter of
public policy, the General | 25 |
| Assembly finds that students have no reasonable
expectation of | 26 |
| privacy in these places and areas or in their personal effects
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| left in these places and areas. School authorities may request | 2 |
| the assistance
of law enforcement officials for the purpose of | 3 |
| conducting inspections and
searches of lockers, desks, parking | 4 |
| lots, and other school property and
equipment owned or | 5 |
| controlled by the school for illegal drugs, weapons, or
other
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| illegal or dangerous substances or materials, including | 7 |
| searches conducted
through the use of specially trained dogs. | 8 |
| If a search conducted in accordance
with this Section produces | 9 |
| evidence that the student has violated or is
violating either | 10 |
| the law, local ordinance, or the school's policies or rules,
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| such evidence may be seized by school authorities, and | 12 |
| disciplinary action may
be taken. School authorities may also | 13 |
| turn over such evidence to law
enforcement authorities. The | 14 |
| provisions of this subsection (e) apply in all
school | 15 |
| districts, including special charter districts and districts | 16 |
| organized
under Article 34. | 17 |
| (f) Suspension or expulsion may include suspension or | 18 |
| expulsion from
school and all school activities and a | 19 |
| prohibition from being present on school
grounds. | 20 |
| (g) A school district may adopt a policy providing that if | 21 |
| a student
is suspended or expelled for any reason from any | 22 |
| public or private school
in this or any other state, the | 23 |
| student must complete the entire term of
the suspension or | 24 |
| expulsion before being admitted into the school
district. This | 25 |
| policy may allow placement of the student in an alternative
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| school program established under Article 13A of this Code, if |
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| available, for
the
remainder of the suspension or expulsion. | 2 |
| This subsection (g) applies to
all school districts, including | 3 |
| special charter districts and districts
organized under | 4 |
| Article 34 of this Code. | 5 |
| (Source: P.A. 96-633, eff. 8-24-09.)".
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