Full Text of HB5786 100th General Assembly
HB5786eng 100TH GENERAL ASSEMBLY |
| | HB5786 Engrossed | | LRB100 20496 AXK 35859 b |
|
| 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 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, including gross disobedience or misconduct | 11 | | perpetuated by electronic means, pursuant to subsection (b-20) | 12 | | of this Section, and
no action shall lie against them for such | 13 | | expulsion. Expulsion shall
take place only after the parents | 14 | | have been requested to appear at a
meeting of the board, or | 15 | | with a hearing officer appointed by it, to
discuss their | 16 | | child's behavior. Such request shall be made by registered
or | 17 | | certified mail and shall state the time, place and purpose of | 18 | | the
meeting. The board, or a hearing officer appointed by it, | 19 | | at such
meeting shall state the reasons for dismissal and the | 20 | | date on which the
expulsion is to become effective. If a | 21 | | hearing officer is appointed by
the board , he shall report to | 22 | | the board a written summary of the evidence
heard at the | 23 | | meeting and the board may take such action thereon as it
finds |
| | | HB5786 Engrossed | - 2 - | LRB100 20496 AXK 35859 b |
|
| 1 | | appropriate. If the board acts to expel a pupil, the written | 2 | | expulsion decision shall detail the specific reasons why | 3 | | removing the pupil from the learning environment is in the best | 4 | | interest of the school. The expulsion decision shall also | 5 | | include a rationale as to the specific duration of the | 6 | | expulsion. An expelled pupil may be immediately transferred to | 7 | | an alternative program in the manner provided in Article 13A or | 8 | | 13B of this Code. A pupil must not be denied transfer because | 9 | | of the expulsion, except in cases in which such transfer is | 10 | | deemed to cause a threat to the safety of students or staff in | 11 | | the alternative program.
| 12 | | (b) To suspend or by policy to authorize the superintendent | 13 | | of
the district or the principal, assistant principal, or dean | 14 | | of students
of any school to suspend pupils guilty of gross | 15 | | disobedience or misconduct, or
to suspend pupils guilty of | 16 | | gross disobedience or misconduct on the school bus
from riding | 17 | | the school bus, pursuant to subsections (b-15) and (b-20) of | 18 | | this Section, and no action
shall lie against them for such | 19 | | suspension. The board may by policy
authorize the | 20 | | superintendent of the district or the principal, assistant
| 21 | | principal, or dean of students of any
school to suspend pupils | 22 | | guilty of such acts for a period not to exceed
10 school days. | 23 | | If a pupil is suspended due to gross disobedience or misconduct
| 24 | | on a school bus, the board may suspend the pupil in excess of | 25 | | 10
school
days for safety reasons. | 26 | | Any suspension shall be reported immediately to the
parents |
| | | HB5786 Engrossed | - 3 - | LRB100 20496 AXK 35859 b |
|
| 1 | | or guardian of a pupil along with a full statement of the
| 2 | | reasons for such suspension and a notice of their right to a | 3 | | review. The school board must be given a summary of the notice, | 4 | | including the reason for the suspension and the suspension | 5 | | length. Upon request of the
parents or guardian , the school | 6 | | board or a hearing officer appointed by
it shall review such | 7 | | action of the superintendent or principal, assistant
| 8 | | principal, or dean of students. At such
review , the parents or | 9 | | guardian of the pupil may appear and discuss the
suspension | 10 | | with the board or its hearing officer. If a hearing officer
is | 11 | | appointed by the board , he shall report to the board a written | 12 | | summary
of the evidence heard at the meeting. After its hearing | 13 | | or upon receipt
of the written report of its hearing officer, | 14 | | the board may take such
action as it finds appropriate. If a | 15 | | student is suspended pursuant to this subsection (b), the board | 16 | | shall, in the written suspension decision, detail the specific | 17 | | act of gross disobedience or misconduct resulting in the | 18 | | decision to suspend. The suspension decision shall also include | 19 | | a rationale as to the specific duration of the suspension. A | 20 | | pupil who is suspended in excess of 20 school days may be | 21 | | immediately transferred to an alternative program in the manner | 22 | | provided in Article 13A or 13B of this Code. A pupil must not | 23 | | be denied transfer because of the suspension, except in cases | 24 | | in which such transfer is deemed to cause a threat to the | 25 | | safety of students or staff in the alternative program.
| 26 | | (b-5) Among the many possible disciplinary interventions |
| | | HB5786 Engrossed | - 4 - | LRB100 20496 AXK 35859 b |
|
| 1 | | and consequences available to school officials, school | 2 | | exclusions, such as out-of-school suspensions and expulsions, | 3 | | are the most serious. School officials shall limit the number | 4 | | and duration of expulsions and suspensions to the greatest | 5 | | extent practicable, and it is recommended that they use them | 6 | | only for legitimate educational purposes. To ensure that | 7 | | students are not excluded from school unnecessarily, it is | 8 | | recommended that school officials consider forms of | 9 | | non-exclusionary discipline prior to using out-of-school | 10 | | suspensions or expulsions. | 11 | | (b-10) Unless otherwise required by federal law or this | 12 | | Code, school boards may not institute zero-tolerance policies | 13 | | by which school administrators are required to suspend or expel | 14 | | students for particular behaviors. | 15 | | (b-15) Out-of-school suspensions of 3 days or less may be | 16 | | used only if the student's continuing presence in school would | 17 | | pose a threat to school safety or a disruption to other | 18 | | students' learning opportunities. For purposes of this | 19 | | subsection (b-15), "threat to school safety or a disruption to | 20 | | other students' learning opportunities" shall be determined on | 21 | | a case-by-case basis by the school board or its designee. | 22 | | School officials shall make all reasonable efforts to resolve | 23 | | such threats, address such disruptions, and minimize the length | 24 | | of suspensions to the greatest extent practicable. | 25 | | (b-20) Unless otherwise required by this Code, | 26 | | out-of-school suspensions of longer than 3 days, expulsions, |
| | | HB5786 Engrossed | - 5 - | LRB100 20496 AXK 35859 b |
|
| 1 | | and disciplinary removals to alternative schools may be used | 2 | | only if other appropriate and available behavioral and | 3 | | disciplinary interventions have been exhausted and the | 4 | | student's continuing presence in school would either (i) pose a
| 5 | | threat to the safety of other students, staff, or members of
| 6 | | the school community or (ii) substantially disrupt, impede, or
| 7 | | interfere with the operation of the school. For purposes of | 8 | | this subsection (b-20), "threat to the safety of other | 9 | | students, staff, or members of the school community" and | 10 | | "substantially disrupt, impede, or interfere with the | 11 | | operation of the school" shall be determined on a case-by-case | 12 | | basis by school officials. For purposes of this subsection | 13 | | (b-20), the determination of whether "appropriate and | 14 | | available behavioral and disciplinary interventions have been | 15 | | exhausted" shall be made by school officials. School officials | 16 | | shall make all reasonable efforts to resolve such threats, | 17 | | address such disruptions, and minimize the length of student | 18 | | exclusions to the greatest extent practicable. Within the | 19 | | suspension decision described in subsection (b) of this Section | 20 | | or the expulsion decision described in subsection (a) of this | 21 | | Section, it shall be documented whether other interventions | 22 | | were attempted or whether it was determined that there were no | 23 | | other appropriate and available interventions. | 24 | | (b-25) Students who are suspended out-of-school for longer | 25 | | than 4 school days shall be provided appropriate and available | 26 | | support services during the period of their suspension. For |
| | | HB5786 Engrossed | - 6 - | LRB100 20496 AXK 35859 b |
|
| 1 | | purposes of this subsection (b-25), "appropriate and available | 2 | | support services" shall be determined by school authorities. | 3 | | Within the suspension decision described in subsection (b) of | 4 | | this Section, it shall be documented whether such services are | 5 | | to be provided or whether it was determined that there are no | 6 | | such appropriate and available services. | 7 | | A school district may refer students who are expelled to | 8 | | appropriate and available support services. | 9 | | A school district shall create a policy to facilitate the | 10 | | re-engagement of students who are suspended out-of-school, | 11 | | expelled, or returning from an alternative school setting. | 12 | | (b-30) A school district shall create a policy by which | 13 | | suspended pupils, including those pupils suspended from the | 14 | | school bus who do not have alternate transportation to school, | 15 | | shall have the opportunity to make up work for equivalent | 16 | | academic credit. It shall be the responsibility of a pupil's | 17 | | parent or guardian to notify school officials that a pupil | 18 | | suspended from the school bus does not have alternate | 19 | | transportation to school. | 20 | | (c) The Department of Human Services
shall be invited to | 21 | | send a representative to consult with the board at
such meeting | 22 | | whenever there is evidence that mental illness may be the
cause | 23 | | for expulsion or suspension.
| 24 | | (c-5) School districts shall make reasonable efforts to | 25 | | provide ongoing professional development to teachers, | 26 | | administrators, school board members, school resource |
| | | HB5786 Engrossed | - 7 - | LRB100 20496 AXK 35859 b |
|
| 1 | | officers, and staff on the adverse consequences of school | 2 | | exclusion and justice-system involvement, effective classroom | 3 | | management strategies, culturally responsive discipline, and | 4 | | developmentally appropriate disciplinary methods that promote | 5 | | positive and healthy school climates. | 6 | | (d) The board may expel a student for a definite period of | 7 | | time not to
exceed 2 calendar years, as determined on a | 8 | | case-by-case case by case basis.
A student who
is determined to | 9 | | have brought one of the following objects to school, any | 10 | | school-sponsored activity
or event, or any activity or event | 11 | | that bears a reasonable relationship to school shall be | 12 | | expelled for a period of not less than
one year: | 13 | | (1) A firearm. For the purposes of this Section, | 14 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 15 | | by Section 921 of Title 18 of the United States Code, | 16 | | firearm as defined in Section 1.1 of the Firearm Owners | 17 | | Identification Card Act, or firearm as defined in Section | 18 | | 24-1 of the Criminal Code of 2012. The expulsion period | 19 | | under this subdivision (1) may be modified by the | 20 | | superintendent, and the superintendent's determination may | 21 | | be modified by the board on a case-by-case basis. | 22 | | (2) A knife, brass knuckles or other knuckle weapon | 23 | | regardless of its composition, a billy club, or any other | 24 | | object if used or attempted to be used to cause bodily | 25 | | harm, including "look alikes" of any firearm as defined in | 26 | | subdivision (1) of this subsection (d). The expulsion |
| | | HB5786 Engrossed | - 8 - | LRB100 20496 AXK 35859 b |
|
| 1 | | requirement under this subdivision (2) may be modified by | 2 | | the superintendent, and the superintendent's determination | 3 | | may be modified by the board on a case-by-case basis. | 4 | | Expulsion
or suspension
shall be construed in a
manner | 5 | | consistent with the Federal Individuals with Disabilities | 6 | | Education
Act. A student who is subject to suspension or | 7 | | expulsion as provided in this
Section may be eligible for a | 8 | | transfer to an alternative school program in
accordance with | 9 | | Article 13A of the School Code.
| 10 | | (d-5) The board may suspend or by regulation
authorize the | 11 | | superintendent of the district or the principal, assistant
| 12 | | principal, or dean of students of any
school to suspend a | 13 | | student for a period not to exceed
10 school days or may expel | 14 | | a student for a definite period of time not to
exceed 2 | 15 | | calendar years, as determined on a case-by-case case by case | 16 | | basis, if (i) that student has been determined to have made an | 17 | | explicit threat on an Internet website against a school | 18 | | employee, a student, or any school-related personnel, (ii) the | 19 | | Internet website through which the threat was made is a site | 20 | | that was accessible within the school at the time the threat | 21 | | was made or was available to third parties who worked or | 22 | | studied within the school grounds at the time the threat was | 23 | | made, and (iii) the threat could be reasonably interpreted as | 24 | | threatening to the safety and security of the threatened | 25 | | individual because of his or her duties or employment status or | 26 | | status as a student inside the school.
|
| | | HB5786 Engrossed | - 9 - | LRB100 20496 AXK 35859 b |
|
| 1 | | (e) To maintain order and security in the schools, school | 2 | | authorities may
inspect and search places and areas such as | 3 | | lockers, desks, parking lots, and
other school property and | 4 | | equipment owned or controlled by the school, as well
as | 5 | | personal effects left in those places and areas by students, | 6 | | without notice
to or the consent of the student, and without a | 7 | | search warrant. As a matter of
public policy, the General | 8 | | Assembly finds that students have no reasonable
expectation of | 9 | | privacy in these places and areas or in their personal effects
| 10 | | left in these places and areas. School authorities may request | 11 | | the assistance
of law enforcement officials for the purpose of | 12 | | conducting inspections and
searches of lockers, desks, parking | 13 | | lots, and other school property and
equipment owned or | 14 | | controlled by the school for illegal drugs, weapons, or
other
| 15 | | illegal or dangerous substances or materials, including | 16 | | searches conducted
through the use of specially trained dogs. | 17 | | If a search conducted in accordance
with this Section produces | 18 | | evidence that the student has violated or is
violating either | 19 | | the law, local ordinance, or the school's policies or rules,
| 20 | | such evidence may be seized by school authorities, and | 21 | | disciplinary action may
be taken. School authorities may also | 22 | | turn over such evidence to law
enforcement authorities.
| 23 | | (f) Suspension or expulsion may include suspension or | 24 | | expulsion from
school and all school activities and a | 25 | | prohibition from being present on school
grounds.
| 26 | | (g) A school district may adopt a policy providing that if |
| | | HB5786 Engrossed | - 10 - | LRB100 20496 AXK 35859 b |
|
| 1 | | a student
is suspended or expelled for any reason from any | 2 | | public or private school
in this or any other state, the | 3 | | student must complete the entire term of
the suspension or | 4 | | expulsion in an alternative school program under Article 13A of | 5 | | this Code or an alternative learning opportunities program | 6 | | under Article 13B of this Code before being admitted into the | 7 | | school
district if there is no threat to the safety of students | 8 | | or staff in the alternative program.
| 9 | | (h) School officials shall not advise or encourage students | 10 | | to drop out voluntarily due to behavioral or academic | 11 | | difficulties. | 12 | | (i) A student may not be issued a monetary fine or fee as a | 13 | | disciplinary consequence, though this shall not preclude | 14 | | requiring a student to provide restitution for lost, stolen, or | 15 | | damaged property. | 16 | | (j) Subsections (a) through (i) of this Section shall apply | 17 | | to elementary and secondary schools, charter schools, special | 18 | | charter districts, and school districts organized under | 19 | | Article 34 of this Code. | 20 | | (k) The expulsion of children enrolled in programs funded | 21 | | under Section 1C-2 of this Code is subject to the requirements | 22 | | under paragraph (7) of subsection (a) of Section 2-3.71 of this | 23 | | Code. | 24 | | (l) Beginning with the 2018-2019 school year, an in-school | 25 | | suspension program provided by a school district for any | 26 | | students in kindergarten through grade 12 may focus on |
| | | HB5786 Engrossed | - 11 - | LRB100 20496 AXK 35859 b |
|
| 1 | | promoting non-violent conflict resolution and positive | 2 | | interaction with other students and school personnel. A school | 3 | | district may employ a school social worker or a licensed mental | 4 | | health professional to oversee an in-school suspension program | 5 | | in kindergarten through grade 12. | 6 | | (Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18; | 7 | | revised 1-22-18.)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.
|
|