Full Text of SB3093 102nd General Assembly
SB3093sam001 102ND GENERAL ASSEMBLY | Sen. Laura M. Murphy Filed: 2/22/2022
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| 1 | | AMENDMENT TO SENATE BILL 3093
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3093 by replacing | 3 | | everything after the enacting clause with the following:
| 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 | | (Text of Section before amendment by P.A. 102-466 )
| 8 | | Sec. 10-22.6. Suspension , or expulsion , or disciplinary | 9 | | transfer to alternative schools or programs of pupils; school | 10 | | searches.
| 11 | | (a) To expel pupils guilty of gross disobedience or | 12 | | misconduct, including gross disobedience or misconduct | 13 | | perpetuated by electronic means, pursuant to subsection (b-20) | 14 | | of this Section, and
no action shall lie against them for such | 15 | | expulsion. Expulsion shall
take place only after the parents | 16 | | have been requested to appear at a
meeting of the board, or |
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| 1 | | with a hearing officer appointed by it, to
discuss their | 2 | | child's behavior. Such request shall be made by registered
or | 3 | | certified mail and shall state the time, place and purpose of | 4 | | the
meeting. The board, or a hearing officer appointed by it, | 5 | | at such
meeting shall state the reasons for dismissal and the | 6 | | date on which the
expulsion is to become effective. If a | 7 | | hearing officer is appointed by
the board, he shall report to | 8 | | the board a written summary of the evidence
heard at the | 9 | | meeting and the board may take such action thereon as it
finds | 10 | | appropriate. If the board acts to expel a pupil, the written | 11 | | expulsion decision shall detail the specific reasons why | 12 | | removing the pupil from the learning environment is in the | 13 | | best interest of the school. The expulsion decision shall also | 14 | | include a rationale as to the specific duration of the | 15 | | expulsion. An expelled pupil may be immediately transferred to | 16 | | an alternative program in the manner provided in Article 13A | 17 | | or 13B of this Code. A pupil must not be denied transfer | 18 | | because of the expulsion, except in cases in which such | 19 | | transfer is deemed to cause a threat to the safety of students | 20 | | or staff in the alternative program.
| 21 | | (b) To suspend or by policy to authorize the | 22 | | superintendent of
the district or the principal, assistant | 23 | | principal, or dean of students
of any school to suspend pupils | 24 | | guilty of gross disobedience or misconduct, or
to suspend | 25 | | pupils guilty of gross disobedience or misconduct on the | 26 | | school bus
from riding the school bus, pursuant to subsections |
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| 1 | | (b-15) and (b-20) of this Section, and no action
shall lie | 2 | | against them for such suspension. The board may by policy
| 3 | | authorize the superintendent of the district or the principal, | 4 | | assistant
principal, or dean of students of any
school to | 5 | | suspend pupils guilty of such acts for a period not to exceed
| 6 | | 10 school days. If a pupil is suspended due to gross | 7 | | disobedience or misconduct
on a school bus, the board may | 8 | | suspend the pupil in excess of 10
school
days for safety | 9 | | reasons. | 10 | | Any suspension shall be reported immediately to the
| 11 | | parents or guardian of a pupil along with a full statement of | 12 | | the
reasons for such suspension and a notice of their right to | 13 | | a review. The school board must be given a summary of the | 14 | | notice, including the reason for the suspension and the | 15 | | suspension length. Upon request of the
parents or guardian, | 16 | | the school board or a hearing officer appointed by
it shall | 17 | | review such action of the superintendent or principal, | 18 | | assistant
principal, or dean of students. At such
review, the | 19 | | parents or guardian of the pupil may appear and discuss the
| 20 | | suspension with the board or its hearing officer. If a hearing | 21 | | officer
is appointed by the board, he shall report to the board | 22 | | a written summary
of the evidence heard at the meeting. After | 23 | | its hearing or upon receipt
of the written report of its | 24 | | hearing officer, the board may take such
action as it finds | 25 | | appropriate. If a student is suspended pursuant to this | 26 | | subsection (b), the board shall, in the written suspension |
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| 1 | | decision, detail the specific act of gross disobedience or | 2 | | misconduct resulting in the decision to suspend. The | 3 | | suspension decision shall also include a rationale as to the | 4 | | specific duration of the suspension. A pupil who is suspended | 5 | | in excess of 20 school days may be immediately transferred to | 6 | | an alternative program in the manner provided in Article 13A | 7 | | or 13B of this Code. A pupil must not be denied transfer | 8 | | because of the suspension, except in cases in which such | 9 | | transfer is deemed to cause a threat to the safety of students | 10 | | or staff in the alternative program.
| 11 | | (b-2) To transfer pupils guilty of gross disobedience or | 12 | | misconduct, including gross disobedience or misconduct | 13 | | perpetuated by electronic means, to alternative schools or | 14 | | programs pursuant to subsection (b-20) of this Section, and no | 15 | | action shall lie against them for such transfer to alternative | 16 | | schools or programs. | 17 | | Except when a pupil has voluntarily agreed to a transfer, | 18 | | a disciplinary transfer to an alternative school or program | 19 | | shall take place only after the pupil's parents or guardians | 20 | | have been requested to appear at a meeting of the board or with | 21 | | a hearing officer appointed by the board to discuss their | 22 | | child's behavior. Such request shall be made by registered or | 23 | | certified mail and shall state the time, place, and purpose of | 24 | | the meeting. For purposes of this subsection (b-2), a decision | 25 | | is deemed voluntary only if the pupil has the option to remain | 26 | | enrolled at the pupil's current school. The request to appear |
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| 1 | | shall be accompanied by a written notice that provides | 2 | | information regarding the risks and benefits of disciplinary | 3 | | removal to an alternative school or program, including, but | 4 | | not limited to: (i) the specific nature of the curriculum and | 5 | | services offered at the alternative school or program, (ii) | 6 | | the alternative school or program's disciplinary procedures, | 7 | | and (iii) information about the extracurricular activities | 8 | | that the pupil will be allowed to participate in and any | 9 | | activities the pupil will be prohibited from participating in. | 10 | | At the meeting described in this subsection (b-2), the | 11 | | board or a hearing officer appointed by the board shall state | 12 | | the reasons for disciplinary transfer to an alternative school | 13 | | or program and the specific dates that the pupil will be | 14 | | required to attend the alternative school or program, not to | 15 | | exceed 2 calendar years. If a hearing officer is appointed by | 16 | | the board, the hearing officer shall report to the board a | 17 | | written summary of the evidence heard at the meeting, and the | 18 | | board may take such action thereon as it finds appropriate. If | 19 | | the board acts to transfer the pupil to an alternative school | 20 | | or program, a written decision, sent to the pupil by first | 21 | | class mail, shall detail the specific reasons why transferring | 22 | | the pupil to an alternative school or program is in the best | 23 | | interest of the school. The written decision shall also | 24 | | include a rationale as to the specific duration of the | 25 | | transfer to the alternative school or program. The period that | 26 | | a pupil is required to attend an alternative school or program |
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| 1 | | may not be extended over the objection of the pupil absent a | 2 | | hearing under this Section based on a new disciplinary | 3 | | incident. | 4 | | (b-5) Among the many possible disciplinary interventions | 5 | | and consequences available to school officials, school | 6 | | exclusions, such as out-of-school suspensions , disciplinary | 7 | | transfers to alternative schools or programs, and expulsions, | 8 | | are the most serious. School officials shall limit the number | 9 | | and duration of expulsions , disciplinary transfers to | 10 | | alternative schools or programs, and suspensions to the | 11 | | greatest extent practicable, and it is recommended that they | 12 | | use them only for legitimate educational purposes. To ensure | 13 | | that students are not excluded from school unnecessarily, it | 14 | | is recommended that school officials consider forms of | 15 | | non-exclusionary discipline prior to using out-of-school | 16 | | suspensions , disciplinary transfers to alternative schools or | 17 | | programs, or expulsions. | 18 | | (b-10) Unless otherwise required by federal law or this | 19 | | Code, school boards may not institute zero-tolerance policies | 20 | | by which school administrators are required to suspend or | 21 | | expel students for particular behaviors. | 22 | | (b-15) Out-of-school suspensions of 3 days or less may be | 23 | | used only if the student's continuing presence in school would | 24 | | pose a threat to school safety or a disruption to other | 25 | | students' learning opportunities. For purposes of this | 26 | | subsection (b-15), "threat to school safety or a disruption to |
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| 1 | | other students' learning opportunities" shall be determined on | 2 | | a case-by-case basis by the school board or its designee. | 3 | | School officials shall make all reasonable efforts to resolve | 4 | | such threats, address such disruptions, and minimize the | 5 | | length of suspensions to the greatest extent practicable. | 6 | | (b-20) Unless otherwise required by this Code, | 7 | | out-of-school suspensions of longer than 3 days, expulsions, | 8 | | and disciplinary removals to alternative schools may be used | 9 | | only if other appropriate and available behavioral and | 10 | | disciplinary interventions have been exhausted and the | 11 | | student's continuing presence in school would either (i) pose | 12 | | a
threat to the safety of other students, staff, or members of
| 13 | | the school community or (ii) substantially disrupt, impede, or
| 14 | | interfere with the operation of the school. For purposes of | 15 | | this subsection (b-20), "threat to the safety of other | 16 | | students, staff, or members of the school community" and | 17 | | "substantially disrupt, impede, or interfere with the | 18 | | operation of the school" shall be determined on a case-by-case | 19 | | basis by school officials. For purposes of this subsection | 20 | | (b-20), the determination of whether "appropriate and | 21 | | available behavioral and disciplinary interventions have been | 22 | | exhausted" shall be made by school officials. School officials | 23 | | shall make all reasonable efforts to resolve such threats, | 24 | | address such disruptions, and minimize the length of student | 25 | | exclusions to the greatest extent practicable. Within the | 26 | | suspension decision described in subsection (b) of this |
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| 1 | | Section , or the expulsion decision described in subsection (a) | 2 | | of this Section , or the disciplinary transfer decision | 3 | | described in subsection (b-2) of this Section , it shall be | 4 | | documented whether other interventions were attempted or | 5 | | whether it was determined that there were no other appropriate | 6 | | and available interventions. | 7 | | (b-25) Students who are suspended out-of-school for longer | 8 | | than 4 school days shall be provided appropriate and available | 9 | | support services during the period of their suspension. For | 10 | | purposes of this subsection (b-25), "appropriate and available | 11 | | support services" shall be determined by school authorities. | 12 | | Within the suspension decision described in subsection (b) of | 13 | | this Section, it shall be documented whether such services are | 14 | | to be provided or whether it was determined that there are no | 15 | | such appropriate and available services. | 16 | | A school district may refer students who are expelled to | 17 | | appropriate and available support services. | 18 | | A school district shall create a policy to facilitate the | 19 | | re-engagement of students who are suspended out-of-school, | 20 | | expelled, or returning from an alternative school setting. | 21 | | (b-30) A school district shall create a policy by which | 22 | | suspended pupils, including those pupils suspended from the | 23 | | school bus who do not have alternate transportation to school, | 24 | | shall have the opportunity to make up work for equivalent | 25 | | academic credit. It shall be the responsibility of a pupil's | 26 | | parent or guardian to notify school officials that a pupil |
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| 1 | | suspended from the school bus does not have alternate | 2 | | transportation to school. | 3 | | (c) A school board must invite a representative from a | 4 | | local mental health agency to consult with the board at the | 5 | | meeting whenever there is evidence that mental illness may be | 6 | | the cause of a student's expulsion , or suspension , or | 7 | | disciplinary transfer to an alternative school or program .
| 8 | | (c-5) School districts shall make reasonable efforts to | 9 | | provide ongoing professional development to teachers, | 10 | | administrators, school board members, school resource | 11 | | officers, and staff on the adverse consequences of school | 12 | | exclusion and justice-system involvement, effective classroom | 13 | | management strategies, culturally responsive discipline, the | 14 | | appropriate and available supportive services for the | 15 | | promotion of student attendance and engagement, and | 16 | | developmentally appropriate disciplinary methods that promote | 17 | | positive and healthy school climates. | 18 | | (d) The board may expel a student for a definite period of | 19 | | time not to
exceed 2 calendar years, as determined on a | 20 | | case-by-case basis.
A student who
is determined to have | 21 | | brought one of the following objects to school, any | 22 | | school-sponsored activity
or event, or any activity or event | 23 | | that bears a reasonable relationship to school shall be | 24 | | expelled for a period of not less than
one year: | 25 | | (1) A firearm. For the purposes of this Section, | 26 | | "firearm" means any gun, rifle, shotgun, weapon as defined |
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| 1 | | by Section 921 of Title 18 of the United States Code, | 2 | | firearm as defined in Section 1.1 of the Firearm Owners | 3 | | Identification Card Act, or firearm as defined in Section | 4 | | 24-1 of the Criminal Code of 2012. The expulsion period | 5 | | under this subdivision (1) may be modified by the | 6 | | superintendent, and the superintendent's determination may | 7 | | be modified by the board on a case-by-case basis. | 8 | | (2) A knife, brass knuckles or other knuckle weapon | 9 | | regardless of its composition, a billy club, or any other | 10 | | object if used or attempted to be used to cause bodily | 11 | | harm, including "look alikes" of any firearm as defined in | 12 | | subdivision (1) of this subsection (d). The expulsion | 13 | | requirement under this subdivision (2) may be modified by | 14 | | the superintendent, and the superintendent's determination | 15 | | may be modified by the board on a case-by-case basis. | 16 | | Expulsion
or suspension
shall be construed in a
manner | 17 | | consistent with the federal Individuals with Disabilities | 18 | | Education
Act. A student who is subject to suspension or | 19 | | expulsion as provided in this
Section may be eligible for a | 20 | | transfer to an alternative school program in
accordance with | 21 | | Article 13A of the School Code.
| 22 | | (d-5) The board may suspend or by regulation
authorize the | 23 | | superintendent of the district or the principal, assistant
| 24 | | principal, or dean of students of any
school to suspend a | 25 | | student for a period not to exceed
10 school days or may expel | 26 | | a student for a definite period of time not to
exceed 2 |
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| 1 | | calendar years, as determined on a case-by-case basis, if (i) | 2 | | that student has been determined to have made an explicit | 3 | | threat on an Internet website against a school employee, a | 4 | | student, or any school-related personnel, (ii) the Internet | 5 | | website through which the threat was made is a site that was | 6 | | accessible within the school at the time the threat was made or | 7 | | was available to third parties who worked or studied within | 8 | | the school grounds at the time the threat was made, and (iii) | 9 | | the threat could be reasonably interpreted as threatening to | 10 | | the safety and security of the threatened individual because | 11 | | of his or her duties or employment status or status as a | 12 | | student inside the school.
| 13 | | (e) To maintain order and security in the schools, school | 14 | | authorities may
inspect and search places and areas such as | 15 | | lockers, desks, parking lots, and
other school property and | 16 | | equipment owned or controlled by the school, as well
as | 17 | | personal effects left in those places and areas by students, | 18 | | without notice
to or the consent of the student, and without a | 19 | | search warrant. As a matter of
public policy, the General | 20 | | Assembly finds that students have no reasonable
expectation of | 21 | | privacy in these places and areas or in their personal effects
| 22 | | left in these places and areas. School authorities may request | 23 | | the assistance
of law enforcement officials for the purpose of | 24 | | conducting inspections and
searches of lockers, desks, parking | 25 | | lots, and other school property and
equipment owned or | 26 | | controlled by the school for illegal drugs, weapons, or
other
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| 1 | | illegal or dangerous substances or materials, including | 2 | | searches conducted
through the use of specially trained dogs. | 3 | | If a search conducted in accordance
with this Section produces | 4 | | evidence that the student has violated or is
violating either | 5 | | the law, local ordinance, or the school's policies or rules,
| 6 | | such evidence may be seized by school authorities, and | 7 | | disciplinary action may
be taken. School authorities may also | 8 | | turn over such evidence to law
enforcement authorities.
| 9 | | (f) Suspension or expulsion may include suspension or | 10 | | expulsion from
school and all school activities and a | 11 | | prohibition from being present on school
grounds.
| 12 | | (g) A school district may adopt a policy providing that if | 13 | | a student
is suspended or expelled for any reason from any | 14 | | public or private school
in this or any other state, the | 15 | | student must complete the entire term of
the suspension or | 16 | | expulsion in an alternative school program under Article 13A | 17 | | of this Code or an alternative learning opportunities program | 18 | | under Article 13B of this Code before being admitted into the | 19 | | school
district if there is no threat to the safety of students | 20 | | or staff in the alternative program.
| 21 | | (h) School officials shall not advise or encourage | 22 | | students to drop out voluntarily due to behavioral or academic | 23 | | difficulties. | 24 | | (i) A student may not be issued a monetary fine or fee as a | 25 | | disciplinary consequence, though this shall not preclude | 26 | | requiring a student to provide restitution for lost, stolen, |
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| 1 | | or damaged property. | 2 | | (j) Subsections (a) through (i) of this Section shall | 3 | | apply to elementary and secondary schools, charter schools, | 4 | | special charter districts, and school districts organized | 5 | | under Article 34 of this Code. | 6 | | (k) The expulsion of children enrolled in programs funded | 7 | | under Section 1C-2 of this Code is subject to the requirements | 8 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 9 | | this Code. | 10 | | (l) Beginning with the 2018-2019 school year, an in-school | 11 | | suspension program provided by a school district for any | 12 | | students in kindergarten through grade 12 may focus on | 13 | | promoting non-violent conflict resolution and positive | 14 | | interaction with other students and school personnel. A school | 15 | | district may employ a school social worker or a licensed | 16 | | mental health professional to oversee an in-school suspension | 17 | | program in kindergarten through grade 12. | 18 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21.) | 19 | | (Text of Section after amendment by P.A. 102-466 )
| 20 | | Sec. 10-22.6. Suspension , or expulsion , or disciplinary | 21 | | transfer to alternative schools or programs of pupils; school | 22 | | searches.
| 23 | | (a) To expel pupils guilty of gross disobedience or | 24 | | misconduct, including gross disobedience or misconduct | 25 | | perpetuated by electronic means, pursuant to subsection (b-20) |
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| 1 | | of this Section, and
no action shall lie against them for such | 2 | | expulsion. Expulsion shall
take place only after the parents | 3 | | or guardians have been requested to appear at a
meeting of the | 4 | | board, or with a hearing officer appointed by it, to
discuss | 5 | | their child's behavior. Such request shall be made by | 6 | | registered
or certified mail and shall state the time, place | 7 | | and purpose of the
meeting. The board, or a hearing officer | 8 | | appointed by it, at such
meeting shall state the reasons for | 9 | | dismissal and the date on which the
expulsion is to become | 10 | | effective. If a hearing officer is appointed by
the board, he | 11 | | shall report to the board a written summary of the evidence
| 12 | | heard at the meeting and the board may take such action thereon | 13 | | as it
finds appropriate. If the board acts to expel a pupil, | 14 | | the written expulsion decision shall detail the specific | 15 | | reasons why removing the pupil from the learning environment | 16 | | is in the best interest of the school. The expulsion decision | 17 | | shall also include a rationale as to the specific duration of | 18 | | the expulsion. An expelled pupil may be immediately | 19 | | transferred to an alternative program in the manner provided | 20 | | in Article 13A or 13B of this Code. A pupil must not be denied | 21 | | transfer because of the expulsion, except in cases in which | 22 | | such transfer is deemed to cause a threat to the safety of | 23 | | students or staff in the alternative program.
| 24 | | (b) To suspend or by policy to authorize the | 25 | | superintendent of
the district or the principal, assistant | 26 | | principal, or dean of students
of any school to suspend pupils |
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| 1 | | guilty of gross disobedience or misconduct, or
to suspend | 2 | | pupils guilty of gross disobedience or misconduct on the | 3 | | school bus
from riding the school bus, pursuant to subsections | 4 | | (b-15) and (b-20) of this Section, and no action
shall lie | 5 | | against them for such suspension. The board may by policy
| 6 | | authorize the superintendent of the district or the principal, | 7 | | assistant
principal, or dean of students of any
school to | 8 | | suspend pupils guilty of such acts for a period not to exceed
| 9 | | 10 school days. If a pupil is suspended due to gross | 10 | | disobedience or misconduct
on a school bus, the board may | 11 | | suspend the pupil in excess of 10
school
days for safety | 12 | | reasons. | 13 | | Any suspension shall be reported immediately to the
| 14 | | parents or guardians of a pupil along with a full statement of | 15 | | the
reasons for such suspension and a notice of their right to | 16 | | a review. The school board must be given a summary of the | 17 | | notice, including the reason for the suspension and the | 18 | | suspension length. Upon request of the
parents or guardians, | 19 | | the school board or a hearing officer appointed by
it shall | 20 | | review such action of the superintendent or principal, | 21 | | assistant
principal, or dean of students. At such
review, the | 22 | | parents or guardians of the pupil may appear and discuss the
| 23 | | suspension with the board or its hearing officer. If a hearing | 24 | | officer
is appointed by the board, he shall report to the board | 25 | | a written summary
of the evidence heard at the meeting. After | 26 | | its hearing or upon receipt
of the written report of its |
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| 1 | | hearing officer, the board may take such
action as it finds | 2 | | appropriate. If a student is suspended pursuant to this | 3 | | subsection (b), the board shall, in the written suspension | 4 | | decision, detail the specific act of gross disobedience or | 5 | | misconduct resulting in the decision to suspend. The | 6 | | suspension decision shall also include a rationale as to the | 7 | | specific duration of the suspension. A pupil who is suspended | 8 | | in excess of 20 school days may be immediately transferred to | 9 | | an alternative program in the manner provided in Article 13A | 10 | | or 13B of this Code. A pupil must not be denied transfer | 11 | | because of the suspension, except in cases in which such | 12 | | transfer is deemed to cause a threat to the safety of students | 13 | | or staff in the alternative program.
| 14 | | (b-2) To transfer pupils guilty of gross disobedience or | 15 | | misconduct, including gross disobedience or misconduct | 16 | | perpetuated by electronic means, to alternative schools or | 17 | | programs pursuant to subsection (b-20) of this Section, and no | 18 | | action shall lie against them for such transfer to alternative | 19 | | schools or programs. | 20 | | Except when a pupil has voluntarily agreed to a transfer, | 21 | | a disciplinary transfer to an alternative school or program | 22 | | shall take place only after the pupil's parents or guardians | 23 | | have been requested to appear at a meeting of the board or with | 24 | | a hearing officer appointed by the board to discuss their | 25 | | child's behavior. Such request shall be made by registered or | 26 | | certified mail and shall state the time, place, and purpose of |
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| 1 | | the meeting. For purposes of this subsection (b-2), a decision | 2 | | is deemed voluntary only if the pupil has the option to remain | 3 | | enrolled at the pupil's current school. The request to appear | 4 | | shall be accompanied by a written notice that provides | 5 | | information regarding the risks and benefits of disciplinary | 6 | | removal to an alternative school or program, including, but | 7 | | not limited to: (i) the specific nature of the curriculum and | 8 | | services offered at the alternative school or program, (ii) | 9 | | the alternative school or program's disciplinary procedures, | 10 | | and (iii) information about the extracurricular activities | 11 | | that the pupil will be allowed to participate in and any | 12 | | activities the pupil will be prohibited from participating in. | 13 | | At the meeting described in this subsection (b-2), the | 14 | | board or a hearing officer appointed by the board shall state | 15 | | the reasons for disciplinary transfer to an alternative school | 16 | | or program and the specific dates that the pupil will be | 17 | | required to attend the alternative school or program, not to | 18 | | exceed 2 calendar years. If a hearing officer is appointed by | 19 | | the board, the hearing officer shall report to the board a | 20 | | written summary of the evidence heard at the meeting, and the | 21 | | board may take such action thereon as it finds appropriate. If | 22 | | the board acts to transfer the pupil to an alternative school | 23 | | or program, a written decision, sent to the pupil by first | 24 | | class mail, shall detail the specific reasons why transferring | 25 | | the pupil to an alternative school or program is in the best | 26 | | interest of the school. The written decision shall also |
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| 1 | | include a rationale as to the specific duration of the | 2 | | transfer to the alternative school or program. The period that | 3 | | a pupil is required to attend an alternative school or program | 4 | | may not be extended over the objection of the pupil absent a | 5 | | hearing under this Section based on a new disciplinary | 6 | | incident. | 7 | | (b-5) Among the many possible disciplinary interventions | 8 | | and consequences available to school officials, school | 9 | | exclusions, such as out-of-school suspensions , disciplinary | 10 | | transfers to alternative schools or programs, and expulsions, | 11 | | are the most serious. School officials shall limit the number | 12 | | and duration of expulsions , disciplinary transfers to | 13 | | alternative schools or programs, and suspensions to the | 14 | | greatest extent practicable, and it is recommended that they | 15 | | use them only for legitimate educational purposes. To ensure | 16 | | that students are not excluded from school unnecessarily, it | 17 | | is recommended that school officials consider forms of | 18 | | non-exclusionary discipline prior to using out-of-school | 19 | | suspensions , disciplinary transfers to alternative schools or | 20 | | programs, or expulsions. | 21 | | (b-10) Unless otherwise required by federal law or this | 22 | | Code, school boards may not institute zero-tolerance policies | 23 | | by which school administrators are required to suspend or | 24 | | expel students for particular behaviors. | 25 | | (b-15) Out-of-school suspensions of 3 days or less may be | 26 | | used only if the student's continuing presence in school would |
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| 1 | | pose a threat to school safety or a disruption to other | 2 | | students' learning opportunities. For purposes of this | 3 | | subsection (b-15), "threat to school safety or a disruption to | 4 | | other students' learning opportunities" shall be determined on | 5 | | a case-by-case basis by the school board or its designee. | 6 | | School officials shall make all reasonable efforts to resolve | 7 | | such threats, address such disruptions, and minimize the | 8 | | length of suspensions to the greatest extent practicable. | 9 | | (b-20) Unless otherwise required by this Code, | 10 | | out-of-school suspensions of longer than 3 days, expulsions, | 11 | | and disciplinary removals to alternative schools may be used | 12 | | only if other appropriate and available behavioral and | 13 | | disciplinary interventions have been exhausted and the | 14 | | student's continuing presence in school would either (i) pose | 15 | | a
threat to the safety of other students, staff, or members of
| 16 | | the school community or (ii) substantially disrupt, impede, or
| 17 | | interfere with the operation of the school. For purposes of | 18 | | this subsection (b-20), "threat to the safety of other | 19 | | students, staff, or members of the school community" and | 20 | | "substantially disrupt, impede, or interfere with the | 21 | | operation of the school" shall be determined on a case-by-case | 22 | | basis by school officials. For purposes of this subsection | 23 | | (b-20), the determination of whether "appropriate and | 24 | | available behavioral and disciplinary interventions have been | 25 | | exhausted" shall be made by school officials. School officials | 26 | | shall make all reasonable efforts to resolve such threats, |
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| 1 | | address such disruptions, and minimize the length of student | 2 | | exclusions to the greatest extent practicable. Within the | 3 | | suspension decision described in subsection (b) of this | 4 | | Section , or the expulsion decision described in subsection (a) | 5 | | of this Section , or the disciplinary transfer decision | 6 | | described in subsection (b-2) of this Section , it shall be | 7 | | documented whether other interventions were attempted or | 8 | | whether it was determined that there were no other appropriate | 9 | | and available interventions. | 10 | | (b-25) Students who are suspended out-of-school for longer | 11 | | than 4 school days shall be provided appropriate and available | 12 | | support services during the period of their suspension. For | 13 | | purposes of this subsection (b-25), "appropriate and available | 14 | | support services" shall be determined by school authorities. | 15 | | Within the suspension decision described in subsection (b) of | 16 | | this Section, it shall be documented whether such services are | 17 | | to be provided or whether it was determined that there are no | 18 | | such appropriate and available services. | 19 | | A school district may refer students who are expelled to | 20 | | appropriate and available support services. | 21 | | A school district shall create a policy to facilitate the | 22 | | re-engagement of students who are suspended out-of-school, | 23 | | expelled, or returning from an alternative school setting. | 24 | | (b-30) A school district shall create a policy by which | 25 | | suspended pupils, including those pupils suspended from the | 26 | | school bus who do not have alternate transportation to school, |
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| 1 | | shall have the opportunity to make up work for equivalent | 2 | | academic credit. It shall be the responsibility of a pupil's | 3 | | parents or guardians to notify school officials that a pupil | 4 | | suspended from the school bus does not have alternate | 5 | | transportation to school. | 6 | | (b-35) In all suspension review hearings conducted
under | 7 | | subsection (b) , or expulsion hearings conducted
under | 8 | | subsection (a), or transfer to an alternative school or | 9 | | program hearings conducted under subsection (b-2), a student | 10 | | may disclose any factor to be considered in mitigation, | 11 | | including his or her status as
a parent, expectant parent, or | 12 | | victim of domestic or sexual violence, as defined in Article | 13 | | 26A. A representative of the
parent's or guardian's choice, or | 14 | | of the student's choice if emancipated, must be permitted to | 15 | | represent
the student throughout the proceedings and to | 16 | | address the school board or its appointed hearing officer. | 17 | | With the
approval of the student's parent or guardian, or of | 18 | | the student if emancipated, a support person
must be permitted | 19 | | to accompany the student to any disciplinary
hearings or | 20 | | proceedings. The representative or support person must comply | 21 | | with any rules of the school district's hearing process. If | 22 | | the representative or support person violates the rules or | 23 | | engages in behavior or advocacy that harasses, abuses, or | 24 | | intimidates either party, a witness, or anyone else in | 25 | | attendance at the hearing, the representative or support | 26 | | person may be prohibited from further participation in the |
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| 1 | | hearing or proceeding. A suspension , or expulsion , or | 2 | | disciplinary transfer to an alternative school or program | 3 | | proceeding
under this subsection (b-35) must be conducted | 4 | | independently
from any ongoing criminal investigation or | 5 | | proceeding, and an absence of pending or possible criminal | 6 | | charges, criminal investigations, or proceedings may not be a | 7 | | factor in school
disciplinary decisions. | 8 | | (b-40) During a suspension review hearing conducted
under | 9 | | subsection (b) , or an expulsion hearing conducted
under | 10 | | subsection (a) , or a transfer to an alternative school or | 11 | | program hearing conducted under subsection (b-2) that involves | 12 | | allegations of sexual
violence by the student who is subject | 13 | | to discipline, neither
the student nor his or her | 14 | | representative shall directly
question nor have direct contact | 15 | | with the alleged victim. The
student who is subject to | 16 | | discipline or his or her
representative may, at the discretion | 17 | | and direction of the
school board or its appointed hearing | 18 | | officer, suggest
questions to be posed by the school board or | 19 | | its appointed
hearing officer to the alleged victim. | 20 | | (c) A school board must invite a representative from a | 21 | | local mental health agency to consult with the board at the | 22 | | meeting whenever there is evidence that mental illness may be | 23 | | the cause of a student's expulsion , or suspension , or | 24 | | disciplinary transfer to an alternative school or program .
| 25 | | (c-5) School districts shall make reasonable efforts to | 26 | | provide ongoing professional development to teachers, |
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| 1 | | administrators, school board members, school resource | 2 | | officers, and staff on the adverse consequences of school | 3 | | exclusion and justice-system involvement, effective classroom | 4 | | management strategies, culturally responsive discipline, the | 5 | | appropriate and available supportive services for the | 6 | | promotion of student attendance and engagement, and | 7 | | developmentally appropriate disciplinary methods that promote | 8 | | positive and healthy school climates. | 9 | | (d) The board may expel a student for a definite period of | 10 | | time not to
exceed 2 calendar years, as determined on a | 11 | | case-by-case basis.
A student who
is determined to have | 12 | | brought one of the following objects to school, any | 13 | | school-sponsored activity
or event, or any activity or event | 14 | | that bears a reasonable relationship to school shall be | 15 | | expelled for a period of not less than
one year: | 16 | | (1) A firearm. For the purposes of this Section, | 17 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 18 | | by Section 921 of Title 18 of the United States Code, | 19 | | firearm as defined in Section 1.1 of the Firearm Owners | 20 | | Identification Card Act, or firearm as defined in Section | 21 | | 24-1 of the Criminal Code of 2012. The expulsion period | 22 | | under this subdivision (1) may be modified by the | 23 | | superintendent, and the superintendent's determination may | 24 | | be modified by the board on a case-by-case basis. | 25 | | (2) A knife, brass knuckles or other knuckle weapon | 26 | | regardless of its composition, a billy club, or any other |
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| 1 | | object if used or attempted to be used to cause bodily | 2 | | harm, including "look alikes" of any firearm as defined in | 3 | | subdivision (1) of this subsection (d). The expulsion | 4 | | requirement under this subdivision (2) may be modified by | 5 | | the superintendent, and the superintendent's determination | 6 | | may be modified by the board on a case-by-case basis. | 7 | | Expulsion
or suspension
shall be construed in a
manner | 8 | | consistent with the federal Individuals with Disabilities | 9 | | Education
Act. A student who is subject to suspension or | 10 | | expulsion as provided in this
Section may be eligible for a | 11 | | transfer to an alternative school program in
accordance with | 12 | | Article 13A of the School Code.
| 13 | | (d-5) The board may suspend or by regulation
authorize the | 14 | | superintendent of the district or the principal, assistant
| 15 | | principal, or dean of students of any
school to suspend a | 16 | | student for a period not to exceed
10 school days or may expel | 17 | | a student for a definite period of time not to
exceed 2 | 18 | | calendar years, as determined on a case-by-case basis, if (i) | 19 | | that student has been determined to have made an explicit | 20 | | threat on an Internet website against a school employee, a | 21 | | student, or any school-related personnel, (ii) the Internet | 22 | | website through which the threat was made is a site that was | 23 | | accessible within the school at the time the threat was made or | 24 | | was available to third parties who worked or studied within | 25 | | the school grounds at the time the threat was made, and (iii) | 26 | | the threat could be reasonably interpreted as threatening to |
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| 1 | | the safety and security of the threatened individual because | 2 | | of his or her duties or employment status or status as a | 3 | | student inside the school.
| 4 | | (e) To maintain order and security in the schools, school | 5 | | authorities may
inspect and search places and areas such as | 6 | | lockers, desks, parking lots, and
other school property and | 7 | | equipment owned or controlled by the school, as well
as | 8 | | personal effects left in those places and areas by students, | 9 | | without notice
to or the consent of the student, and without a | 10 | | search warrant. As a matter of
public policy, the General | 11 | | Assembly finds that students have no reasonable
expectation of | 12 | | privacy in these places and areas or in their personal effects
| 13 | | left in these places and areas. School authorities may request | 14 | | the assistance
of law enforcement officials for the purpose of | 15 | | conducting inspections and
searches of lockers, desks, parking | 16 | | lots, and other school property and
equipment owned or | 17 | | controlled by the school for illegal drugs, weapons, or
other
| 18 | | illegal or dangerous substances or materials, including | 19 | | searches conducted
through the use of specially trained dogs. | 20 | | If a search conducted in accordance
with this Section produces | 21 | | evidence that the student has violated or is
violating either | 22 | | the law, local ordinance, or the school's policies or rules,
| 23 | | such evidence may be seized by school authorities, and | 24 | | disciplinary action may
be taken. School authorities may also | 25 | | turn over such evidence to law
enforcement authorities.
| 26 | | (f) Suspension or expulsion may include suspension or |
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| 1 | | expulsion from
school and all school activities and a | 2 | | prohibition from being present on school
grounds.
| 3 | | (g) A school district may adopt a policy providing that if | 4 | | a student
is suspended or expelled for any reason from any | 5 | | public or private school
in this or any other state, the | 6 | | student must complete the entire term of
the suspension or | 7 | | expulsion in an alternative school program under Article 13A | 8 | | of this Code or an alternative learning opportunities program | 9 | | under Article 13B of this Code before being admitted into the | 10 | | school
district if there is no threat to the safety of students | 11 | | or staff in the alternative program. A school district that | 12 | | adopts a policy under this subsection (g) must include a | 13 | | provision allowing for consideration of any mitigating | 14 | | factors, including, but not limited to, a student's status as | 15 | | a parent, expectant parent, or victim of domestic or sexual | 16 | | violence, as defined in Article 26A.
| 17 | | (h) School officials shall not advise or encourage | 18 | | students to drop out voluntarily due to behavioral or academic | 19 | | difficulties. | 20 | | (i) A student may not be issued a monetary fine or fee as a | 21 | | disciplinary consequence, though this shall not preclude | 22 | | requiring a student to provide restitution for lost, stolen, | 23 | | or damaged property. | 24 | | (j) Subsections (a) through (i) of this Section shall | 25 | | apply to elementary and secondary schools, charter schools, | 26 | | special charter districts, and school districts organized |
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| 1 | | under Article 34 of this Code. | 2 | | (k) The expulsion of children enrolled in programs funded | 3 | | under Section 1C-2 of this Code is subject to the requirements | 4 | | under paragraph (7) of subsection (a) of Section 2-3.71 of | 5 | | this Code. | 6 | | (l) Beginning with the 2018-2019 school year, an in-school | 7 | | suspension program provided by a school district for any | 8 | | students in kindergarten through grade 12 may focus on | 9 | | promoting non-violent conflict resolution and positive | 10 | | interaction with other students and school personnel. A school | 11 | | district may employ a school social worker or a licensed | 12 | | mental health professional to oversee an in-school suspension | 13 | | program in kindergarten through grade 12. | 14 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | 15 | | 102-539, eff. 8-20-21; revised 9-23-21.) | 16 | | Section 95. No acceleration or delay. Where this Act makes | 17 | | changes in a statute that is represented in this Act by text | 18 | | that is not yet or no longer in effect (for example, a Section | 19 | | represented by multiple versions), the use of that text does | 20 | | not accelerate or delay the taking effect of (i) the changes | 21 | | made by this Act or (ii) provisions derived from any other | 22 | | Public Act.
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.".
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