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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 Section
510-22.6 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
9    (a) To expel pupils guilty of gross disobedience or
10misconduct, including gross disobedience or misconduct
11perpetuated by electronic means, pursuant to subsection (b-20)
12of this Section, and no action shall lie against them for such
13expulsion. Expulsion shall take place only after the parents
14have been requested to appear at a meeting of the board, or
15with a hearing officer appointed by it, to discuss their
16child's behavior. Such request shall be made by registered or
17certified mail and shall state the time, place and purpose of
18the meeting. The board, or a hearing officer appointed by it,
19at such meeting shall state the reasons for dismissal and the
20date on which the expulsion is to become effective. If a
21hearing officer is appointed by the board, he shall report to
22the board a written summary of the evidence heard at the
23meeting and the board may take such action thereon as it finds



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1appropriate. If the board acts to expel a pupil, the written
2expulsion decision shall detail the specific reasons why
3removing the pupil from the learning environment is in the best
4interest of the school. The expulsion decision shall also
5include a rationale as to the specific duration of the
6expulsion. An expelled pupil may be immediately transferred to
7an alternative program in the manner provided in Article 13A or
813B of this Code. A pupil must not be denied transfer because
9of the expulsion, except in cases in which such transfer is
10deemed to cause a threat to the safety of students or staff in
11the alternative program.
12    (b) To suspend or by policy to authorize the superintendent
13of the district or the principal, assistant principal, or dean
14of students of any school to suspend pupils guilty of gross
15disobedience or misconduct, or to suspend pupils guilty of
16gross disobedience or misconduct on the school bus from riding
17the school bus, pursuant to subsections (b-15) and (b-20) of
18this Section, and no action shall lie against them for such
19suspension. The board may by policy authorize the
20superintendent of the district or the principal, assistant
21principal, or dean of students of any school to suspend pupils
22guilty of such acts for a period not to exceed 10 school days.
23If a pupil is suspended due to gross disobedience or misconduct
24on a school bus, the board may suspend the pupil in excess of
2510 school days for safety reasons.
26    Any suspension shall be reported immediately to the parents



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



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



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



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1purposes of this subsection (b-25), "appropriate and available
2support services" shall be determined by school authorities.
3Within the suspension decision described in subsection (b) of
4this Section, it shall be documented whether such services are
5to be provided or whether it was determined that there are no
6such appropriate and available services.
7    A school district may refer students who are expelled to
8appropriate and available support services.
9    A school district shall create a policy to facilitate the
10re-engagement of students who are suspended out-of-school,
11expelled, or returning from an alternative school setting.
12    (b-30) A school district shall create a policy by which
13suspended pupils, including those pupils suspended from the
14school bus who do not have alternate transportation to school,
15shall have the opportunity to make up work for equivalent
16academic credit. It shall be the responsibility of a pupil's
17parent or guardian to notify school officials that a pupil
18suspended from the school bus does not have alternate
19transportation to school.
20    (c) The Department of Human Services shall be invited to
21send a representative to consult with the board at such meeting
22whenever there is evidence that mental illness may be the cause
23for expulsion or suspension.
24    (c-5) School districts shall make reasonable efforts to
25provide ongoing professional development to teachers,
26administrators, school board members, school resource



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1officers, and staff on the adverse consequences of school
2exclusion and justice-system involvement, effective classroom
3management strategies, culturally responsive discipline, and
4developmentally appropriate disciplinary methods that promote
5positive and healthy school climates.
6    (d) The board may expel a student for a definite period of
7time not to exceed 2 calendar years, as determined on a
8case-by-case case by case basis. A student who is determined to
9have brought one of the following objects to school, any
10school-sponsored activity or event, or any activity or event
11that bears a reasonable relationship to school shall be
12expelled 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



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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.
4Expulsion or suspension shall be construed in a manner
5consistent with the Federal Individuals with Disabilities
6Education Act. A student who is subject to suspension or
7expulsion as provided in this Section may be eligible for a
8transfer to an alternative school program in accordance with
9Article 13A of the School Code.
10    (d-5) The board may suspend or by regulation authorize the
11superintendent of the district or the principal, assistant
12principal, or dean of students of any school to suspend a
13student for a period not to exceed 10 school days or may expel
14a student for a definite period of time not to exceed 2
15calendar years, as determined on a case-by-case case by case
16basis, if (i) that student has been determined to have made an
17explicit threat on an Internet website against a school
18employee, a student, or any school-related personnel, (ii) the
19Internet website through which the threat was made is a site
20that was accessible within the school at the time the threat
21was made or was available to third parties who worked or
22studied within the school grounds at the time the threat was
23made, and (iii) the threat could be reasonably interpreted as
24threatening to the safety and security of the threatened
25individual because of his or her duties or employment status or
26status as a student inside the school.



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



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1a student is suspended or expelled for any reason from any
2public or private school in this or any other state, the
3student must complete the entire term of the suspension or
4expulsion in an alternative school program under Article 13A of
5this Code or an alternative learning opportunities program
6under Article 13B of this Code before being admitted into the
7school district if there is no threat to the safety of students
8or staff in the alternative program.
9    (h) School officials shall not advise or encourage students
10to drop out voluntarily due to behavioral or academic
12    (i) A student may not be issued a monetary fine or fee as a
13disciplinary consequence, though this shall not preclude
14requiring a student to provide restitution for lost, stolen, or
15damaged property.
16    (j) Subsections (a) through (i) of this Section shall apply
17to elementary and secondary schools, charter schools, special
18charter districts, and school districts organized under
19Article 34 of this Code.
20    (k) The expulsion of children enrolled in programs funded
21under Section 1C-2 of this Code is subject to the requirements
22under paragraph (7) of subsection (a) of Section 2-3.71 of this
24    (l) Beginning with the 2018-2019 school year, an in-school
25suspension program provided by a school district for any
26students in kindergarten through grade 12 may focus on



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1promoting non-violent conflict resolution and positive
2interaction with other students and school personnel. A school
3district may employ a school social worker or a licensed mental
4health professional to oversee an in-school suspension program
5in kindergarten through grade 12.
6(Source: P.A. 99-456, eff. 9-15-16; 100-105, eff. 1-1-18;
7revised 1-22-18.)
8    Section 99. Effective date. This Act takes effect upon
9becoming law.