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

SB3093sam001 102ND GENERAL ASSEMBLY

Sen. Laura M. Murphy

Filed: 2/22/2022

 

 


 

 


 
10200SB3093sam001LRB102 22959 NLB 36694 a

1
AMENDMENT TO SENATE BILL 3093

2    AMENDMENT NO. ______. Amend Senate Bill 3093 by replacing
3everything after the enacting clause with the following:
 
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    (Text of Section before amendment by P.A. 102-466)
8    Sec. 10-22.6. Suspension, or expulsion, or disciplinary
9transfer to alternative schools or programs of pupils; school
10searches.
11    (a) To expel pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, pursuant to subsection (b-20)
14of this Section, and no action shall lie against them for such
15expulsion. Expulsion shall take place only after the parents
16have been requested to appear at a meeting of the board, or

 

 

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1with a hearing officer appointed by it, to discuss their
2child's behavior. Such request shall be made by registered or
3certified mail and shall state the time, place and purpose of
4the meeting. The board, or a hearing officer appointed by it,
5at such meeting shall state the reasons for dismissal and the
6date on which the expulsion is to become effective. If a
7hearing officer is appointed by the board, he shall report to
8the board a written summary of the evidence heard at the
9meeting and the board may take such action thereon as it finds
10appropriate. If the board acts to expel a pupil, the written
11expulsion decision shall detail the specific reasons why
12removing the pupil from the learning environment is in the
13best interest of the school. The expulsion decision shall also
14include a rationale as to the specific duration of the
15expulsion. An expelled pupil 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 expulsion, 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) To suspend or by policy to authorize the
22superintendent of the district or the principal, assistant
23principal, or dean of students of any school to suspend pupils
24guilty of gross disobedience or misconduct, or to suspend
25pupils guilty of gross disobedience or misconduct on the
26school 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
2against them for such suspension. The board may by policy
3authorize the superintendent of the district or the principal,
4assistant principal, or dean of students of any school to
5suspend pupils guilty of such acts for a period not to exceed
610 school days. If a pupil is suspended due to gross
7disobedience or misconduct on a school bus, the board may
8suspend the pupil in excess of 10 school days for safety
9reasons.
10    Any suspension shall be reported immediately to the
11parents or guardian of a pupil along with a full statement of
12the reasons for such suspension and a notice of their right to
13a review. The school board must be given a summary of the
14notice, including the reason for the suspension and the
15suspension length. Upon request of the parents or guardian,
16the school board or a hearing officer appointed by it shall
17review such action of the superintendent or principal,
18assistant principal, or dean of students. At such review, the
19parents or guardian of the pupil may appear and discuss the
20suspension with the board or its hearing officer. If a hearing
21officer is appointed by the board, he shall report to the board
22a written summary of the evidence heard at the meeting. After
23its hearing or upon receipt of the written report of its
24hearing officer, the board may take such action as it finds
25appropriate. If a student is suspended pursuant to this
26subsection (b), the board shall, in the written suspension

 

 

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1decision, detail the specific act of gross disobedience or
2misconduct resulting in the decision to suspend. The
3suspension decision shall also include a rationale as to the
4specific duration of the suspension. A pupil who is suspended
5in excess of 20 school days may be immediately transferred to
6an alternative program in the manner provided in Article 13A
7or 13B of this Code. A pupil must not be denied transfer
8because of the suspension, except in cases in which such
9transfer is deemed to cause a threat to the safety of students
10or staff in the alternative program.
11    (b-2) To transfer pupils guilty of gross disobedience or
12misconduct, including gross disobedience or misconduct
13perpetuated by electronic means, to alternative schools or
14programs pursuant to subsection (b-20) of this Section, and no
15action shall lie against them for such transfer to alternative
16schools or programs.
17    Except when a pupil has voluntarily agreed to a transfer,
18a disciplinary transfer to an alternative school or program
19shall take place only after the pupil's parents or guardians
20have been requested to appear at a meeting of the board or with
21a hearing officer appointed by the board to discuss their
22child's behavior. Such request shall be made by registered or
23certified mail and shall state the time, place, and purpose of
24the meeting. For purposes of this subsection (b-2), a decision
25is deemed voluntary only if the pupil has the option to remain
26enrolled at the pupil's current school. The request to appear

 

 

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1shall be accompanied by a written notice that provides
2information regarding the risks and benefits of disciplinary
3removal to an alternative school or program, including, but
4not limited to: (i) the specific nature of the curriculum and
5services offered at the alternative school or program, (ii)
6the alternative school or program's disciplinary procedures,
7and (iii) information about the extracurricular activities
8that the pupil will be allowed to participate in and any
9activities the pupil will be prohibited from participating in.
10    At the meeting described in this subsection (b-2), the
11board or a hearing officer appointed by the board shall state
12the reasons for disciplinary transfer to an alternative school
13or program and the specific dates that the pupil will be
14required to attend the alternative school or program, not to
15exceed 2 calendar years. If a hearing officer is appointed by
16the board, the hearing officer shall report to the board a
17written summary of the evidence heard at the meeting, and the
18board may take such action thereon as it finds appropriate. If
19the board acts to transfer the pupil to an alternative school
20or program, a written decision, sent to the pupil by first
21class mail, shall detail the specific reasons why transferring
22the pupil to an alternative school or program is in the best
23interest of the school. The written decision shall also
24include a rationale as to the specific duration of the
25transfer to the alternative school or program. The period that
26a pupil is required to attend an alternative school or program

 

 

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

 

 

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

 

 

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

 

 

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1suspended from the school bus does not have alternate
2transportation to school.
3    (c) A school board must invite a representative from a
4local mental health agency to consult with the board at the
5meeting whenever there is evidence that mental illness may be
6the cause of a student's expulsion, or suspension, or
7disciplinary transfer to an alternative school or program.
8    (c-5) School districts shall make reasonable efforts to
9provide ongoing professional development to teachers,
10administrators, school board members, school resource
11officers, and staff on the adverse consequences of school
12exclusion and justice-system involvement, effective classroom
13management strategies, culturally responsive discipline, the
14appropriate and available supportive services for the
15promotion of student attendance and engagement, and
16developmentally appropriate disciplinary methods that promote
17positive and healthy school climates.
18    (d) The board may expel a student for a definite period of
19time not to exceed 2 calendar years, as determined on a
20case-by-case basis. A student who is determined to have
21brought one of the following objects to school, any
22school-sponsored activity or event, or any activity or event
23that bears a reasonable relationship to school shall be
24expelled 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.
16Expulsion or suspension shall be construed in a manner
17consistent with the federal Individuals with Disabilities
18Education Act. A student who is subject to suspension or
19expulsion as provided in this Section may be eligible for a
20transfer to an alternative school program in accordance with
21Article 13A of the School Code.
22    (d-5) The board may suspend or by regulation authorize the
23superintendent of the district or the principal, assistant
24principal, or dean of students of any school to suspend a
25student for a period not to exceed 10 school days or may expel
26a student for a definite period of time not to exceed 2

 

 

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1calendar years, as determined on a case-by-case basis, if (i)
2that student has been determined to have made an explicit
3threat on an Internet website against a school employee, a
4student, or any school-related personnel, (ii) the Internet
5website through which the threat was made is a site that was
6accessible within the school at the time the threat was made or
7was available to third parties who worked or studied within
8the school grounds at the time the threat was made, and (iii)
9the threat could be reasonably interpreted as threatening to
10the safety and security of the threatened individual because
11of his or her duties or employment status or status as a
12student inside the school.
13    (e) To maintain order and security in the schools, school
14authorities may inspect and search places and areas such as
15lockers, desks, parking lots, and other school property and
16equipment owned or controlled by the school, as well as
17personal effects left in those places and areas by students,
18without notice to or the consent of the student, and without a
19search warrant. As a matter of public policy, the General
20Assembly finds that students have no reasonable expectation of
21privacy in these places and areas or in their personal effects
22left in these places and areas. School authorities may request
23the assistance of law enforcement officials for the purpose of
24conducting inspections and searches of lockers, desks, parking
25lots, and other school property and equipment owned or
26controlled by the school for illegal drugs, weapons, or other

 

 

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1illegal or dangerous substances or materials, including
2searches conducted through the use of specially trained dogs.
3If a search conducted in accordance with this Section produces
4evidence that the student has violated or is violating either
5the law, local ordinance, or the school's policies or rules,
6such evidence may be seized by school authorities, and
7disciplinary action may be taken. School authorities may also
8turn over such evidence to law enforcement authorities.
9    (f) Suspension or expulsion may include suspension or
10expulsion from school and all school activities and a
11prohibition from being present on school grounds.
12    (g) A school district may adopt a policy providing that if
13a student is suspended or expelled for any reason from any
14public or private school in this or any other state, the
15student must complete the entire term of the suspension or
16expulsion in an alternative school program under Article 13A
17of this Code or an alternative learning opportunities program
18under Article 13B of this Code before being admitted into the
19school district if there is no threat to the safety of students
20or staff in the alternative program.
21    (h) School officials shall not advise or encourage
22students to drop out voluntarily due to behavioral or academic
23difficulties.
24    (i) A student may not be issued a monetary fine or fee as a
25disciplinary consequence, though this shall not preclude
26requiring a student to provide restitution for lost, stolen,

 

 

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1or damaged property.
2    (j) Subsections (a) through (i) of this Section shall
3apply to elementary and secondary schools, charter schools,
4special charter districts, and school districts organized
5under Article 34 of this Code.
6    (k) The expulsion of children enrolled in programs funded
7under Section 1C-2 of this Code is subject to the requirements
8under paragraph (7) of subsection (a) of Section 2-3.71 of
9this Code.
10    (l) Beginning with the 2018-2019 school year, an in-school
11suspension program provided by a school district for any
12students in kindergarten through grade 12 may focus on
13promoting non-violent conflict resolution and positive
14interaction with other students and school personnel. A school
15district may employ a school social worker or a licensed
16mental health professional to oversee an in-school suspension
17program 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
21transfer to alternative schools or programs of pupils; school
22searches.
23    (a) To expel pupils guilty of gross disobedience or
24misconduct, including gross disobedience or misconduct
25perpetuated by electronic means, pursuant to subsection (b-20)

 

 

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1of this Section, and no action shall lie against them for such
2expulsion. Expulsion shall take place only after the parents
3or guardians have been requested to appear at a meeting of the
4board, or with a hearing officer appointed by it, to discuss
5their child's behavior. Such request shall be made by
6registered or certified mail and shall state the time, place
7and purpose of the meeting. The board, or a hearing officer
8appointed by it, at such meeting shall state the reasons for
9dismissal and the date on which the expulsion is to become
10effective. If a hearing officer is appointed by the board, he
11shall report to the board a written summary of the evidence
12heard at the meeting and the board may take such action thereon
13as it finds appropriate. If the board acts to expel a pupil,
14the written expulsion decision shall detail the specific
15reasons why removing the pupil from the learning environment
16is in the best interest of the school. The expulsion decision
17shall also include a rationale as to the specific duration of
18the expulsion. An expelled pupil may be immediately
19transferred to an alternative program in the manner provided
20in Article 13A or 13B of this Code. A pupil must not be denied
21transfer because of the expulsion, except in cases in which
22such transfer is deemed to cause a threat to the safety of
23students or staff in the alternative program.
24    (b) To suspend or by policy to authorize the
25superintendent of the district or the principal, assistant
26principal, or dean of students of any school to suspend pupils

 

 

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1guilty of gross disobedience or misconduct, or to suspend
2pupils guilty of gross disobedience or misconduct on the
3school bus from riding the school bus, pursuant to subsections
4(b-15) and (b-20) of this Section, and no action shall lie
5against them for such suspension. The board may by policy
6authorize the superintendent of the district or the principal,
7assistant principal, or dean of students of any school to
8suspend pupils guilty of such acts for a period not to exceed
910 school days. If a pupil is suspended due to gross
10disobedience or misconduct on a school bus, the board may
11suspend the pupil in excess of 10 school days for safety
12reasons.
13    Any suspension shall be reported immediately to the
14parents or guardians of a pupil along with a full statement of
15the reasons for such suspension and a notice of their right to
16a review. The school board must be given a summary of the
17notice, including the reason for the suspension and the
18suspension length. Upon request of the parents or guardians,
19the school board or a hearing officer appointed by it shall
20review such action of the superintendent or principal,
21assistant principal, or dean of students. At such review, the
22parents or guardians of the pupil may appear and discuss the
23suspension with the board or its hearing officer. If a hearing
24officer is appointed by the board, he shall report to the board
25a written summary of the evidence heard at the meeting. After
26its hearing or upon receipt of the written report of its

 

 

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1hearing officer, the board may take such action as it finds
2appropriate. If a student is suspended pursuant to this
3subsection (b), the board shall, in the written suspension
4decision, detail the specific act of gross disobedience or
5misconduct resulting in the decision to suspend. The
6suspension decision shall also include a rationale as to the
7specific duration of the suspension. A pupil who is suspended
8in excess of 20 school days may be immediately transferred to
9an alternative program in the manner provided in Article 13A
10or 13B of this Code. A pupil must not be denied transfer
11because of the suspension, except in cases in which such
12transfer is deemed to cause a threat to the safety of students
13or staff in the alternative program.
14    (b-2) To transfer pupils guilty of gross disobedience or
15misconduct, including gross disobedience or misconduct
16perpetuated by electronic means, to alternative schools or
17programs pursuant to subsection (b-20) of this Section, and no
18action shall lie against them for such transfer to alternative
19schools or programs.
20    Except when a pupil has voluntarily agreed to a transfer,
21a disciplinary transfer to an alternative school or program
22shall take place only after the pupil's parents or guardians
23have been requested to appear at a meeting of the board or with
24a hearing officer appointed by the board to discuss their
25child's behavior. Such request shall be made by registered or
26certified mail and shall state the time, place, and purpose of

 

 

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1the meeting. For purposes of this subsection (b-2), a decision
2is deemed voluntary only if the pupil has the option to remain
3enrolled at the pupil's current school. The request to appear
4shall be accompanied by a written notice that provides
5information regarding the risks and benefits of disciplinary
6removal to an alternative school or program, including, but
7not limited to: (i) the specific nature of the curriculum and
8services offered at the alternative school or program, (ii)
9the alternative school or program's disciplinary procedures,
10and (iii) information about the extracurricular activities
11that the pupil will be allowed to participate in and any
12activities the pupil will be prohibited from participating in.
13    At the meeting described in this subsection (b-2), the
14board or a hearing officer appointed by the board shall state
15the reasons for disciplinary transfer to an alternative school
16or program and the specific dates that the pupil will be
17required to attend the alternative school or program, not to
18exceed 2 calendar years. If a hearing officer is appointed by
19the board, the hearing officer shall report to the board a
20written summary of the evidence heard at the meeting, and the
21board may take such action thereon as it finds appropriate. If
22the board acts to transfer the pupil to an alternative school
23or program, a written decision, sent to the pupil by first
24class mail, shall detail the specific reasons why transferring
25the pupil to an alternative school or program is in the best
26interest of the school. The written decision shall also

 

 

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1include a rationale as to the specific duration of the
2transfer to the alternative school or program. The period that
3a pupil is required to attend an alternative school or program
4may not be extended over the objection of the pupil absent a
5hearing under this Section based on a new disciplinary
6incident.
7    (b-5) Among the many possible disciplinary interventions
8and consequences available to school officials, school
9exclusions, such as out-of-school suspensions, disciplinary
10transfers to alternative schools or programs, and expulsions,
11are the most serious. School officials shall limit the number
12and duration of expulsions, disciplinary transfers to
13alternative schools or programs, and suspensions to the
14greatest extent practicable, and it is recommended that they
15use them only for legitimate educational purposes. To ensure
16that students are not excluded from school unnecessarily, it
17is recommended that school officials consider forms of
18non-exclusionary discipline prior to using out-of-school
19suspensions, disciplinary transfers to alternative schools or
20programs, or expulsions.
21    (b-10) Unless otherwise required by federal law or this
22Code, school boards may not institute zero-tolerance policies
23by which school administrators are required to suspend or
24expel students for particular behaviors.
25    (b-15) Out-of-school suspensions of 3 days or less may be
26used only if the student's continuing presence in school would

 

 

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

 

 

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1address such disruptions, and minimize the length of student
2exclusions to the greatest extent practicable. Within the
3suspension decision described in subsection (b) of this
4Section, or the expulsion decision described in subsection (a)
5of this Section, or the disciplinary transfer decision
6described in subsection (b-2) of this Section, it shall be
7documented whether other interventions were attempted or
8whether it was determined that there were no other appropriate
9and available interventions.
10    (b-25) Students who are suspended out-of-school for longer
11than 4 school days shall be provided appropriate and available
12support services during the period of their suspension. For
13purposes of this subsection (b-25), "appropriate and available
14support services" shall be determined by school authorities.
15Within the suspension decision described in subsection (b) of
16this Section, it shall be documented whether such services are
17to be provided or whether it was determined that there are no
18such appropriate and available services.
19    A school district may refer students who are expelled to
20appropriate and available support services.
21    A school district shall create a policy to facilitate the
22re-engagement of students who are suspended out-of-school,
23expelled, or returning from an alternative school setting.
24    (b-30) A school district shall create a policy by which
25suspended pupils, including those pupils suspended from the
26school bus who do not have alternate transportation to school,

 

 

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1shall have the opportunity to make up work for equivalent
2academic credit. It shall be the responsibility of a pupil's
3parents or guardians to notify school officials that a pupil
4suspended from the school bus does not have alternate
5transportation to school.
6    (b-35) In all suspension review hearings conducted under
7subsection (b), or expulsion hearings conducted under
8subsection (a), or transfer to an alternative school or
9program hearings conducted under subsection (b-2), a student
10may disclose any factor to be considered in mitigation,
11including his or her status as a parent, expectant parent, or
12victim of domestic or sexual violence, as defined in Article
1326A. A representative of the parent's or guardian's choice, or
14of the student's choice if emancipated, must be permitted to
15represent the student throughout the proceedings and to
16address the school board or its appointed hearing officer.
17With the approval of the student's parent or guardian, or of
18the student if emancipated, a support person must be permitted
19to accompany the student to any disciplinary hearings or
20proceedings. The representative or support person must comply
21with any rules of the school district's hearing process. If
22the representative or support person violates the rules or
23engages in behavior or advocacy that harasses, abuses, or
24intimidates either party, a witness, or anyone else in
25attendance at the hearing, the representative or support
26person may be prohibited from further participation in the

 

 

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1hearing or proceeding. A suspension, or expulsion, or
2disciplinary transfer to an alternative school or program
3proceeding under this subsection (b-35) must be conducted
4independently from any ongoing criminal investigation or
5proceeding, and an absence of pending or possible criminal
6charges, criminal investigations, or proceedings may not be a
7factor in school disciplinary decisions.
8    (b-40) During a suspension review hearing conducted under
9subsection (b), or an expulsion hearing conducted under
10subsection (a), or a transfer to an alternative school or
11program hearing conducted under subsection (b-2) that involves
12allegations of sexual violence by the student who is subject
13to discipline, neither the student nor his or her
14representative shall directly question nor have direct contact
15with the alleged victim. The student who is subject to
16discipline or his or her representative may, at the discretion
17and direction of the school board or its appointed hearing
18officer, suggest questions to be posed by the school board or
19its appointed hearing officer to the alleged victim.
20    (c) A school board must invite a representative from a
21local mental health agency to consult with the board at the
22meeting whenever there is evidence that mental illness may be
23the cause of a student's expulsion, or suspension, or
24disciplinary transfer to an alternative school or program.
25    (c-5) School districts shall make reasonable efforts to
26provide ongoing professional development to teachers,

 

 

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1administrators, school board members, school resource
2officers, and staff on the adverse consequences of school
3exclusion and justice-system involvement, effective classroom
4management strategies, culturally responsive discipline, the
5appropriate and available supportive services for the
6promotion of student attendance and engagement, and
7developmentally appropriate disciplinary methods that promote
8positive and healthy school climates.
9    (d) The board may expel a student for a definite period of
10time not to exceed 2 calendar years, as determined on a
11case-by-case basis. A student who is determined to have
12brought one of the following objects to school, any
13school-sponsored activity or event, or any activity or event
14that bears a reasonable relationship to school shall be
15expelled 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.
7Expulsion or suspension shall be construed in a manner
8consistent with the federal Individuals with Disabilities
9Education Act. A student who is subject to suspension or
10expulsion as provided in this Section may be eligible for a
11transfer to an alternative school program in accordance with
12Article 13A of the School Code.
13    (d-5) The board may suspend or by regulation authorize the
14superintendent of the district or the principal, assistant
15principal, or dean of students of any school to suspend a
16student for a period not to exceed 10 school days or may expel
17a student for a definite period of time not to exceed 2
18calendar years, as determined on a case-by-case basis, if (i)
19that student has been determined to have made an explicit
20threat on an Internet website against a school employee, a
21student, or any school-related personnel, (ii) the Internet
22website through which the threat was made is a site that was
23accessible within the school at the time the threat was made or
24was available to third parties who worked or studied within
25the school grounds at the time the threat was made, and (iii)
26the threat could be reasonably interpreted as threatening to

 

 

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

 

 

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1expulsion from school and all school activities and a
2prohibition from being present on school grounds.
3    (g) A school district may adopt a policy providing that if
4a student is suspended or expelled for any reason from any
5public or private school in this or any other state, the
6student must complete the entire term of the suspension or
7expulsion in an alternative school program under Article 13A
8of this Code or an alternative learning opportunities program
9under Article 13B of this Code before being admitted into the
10school district if there is no threat to the safety of students
11or staff in the alternative program. A school district that
12adopts a policy under this subsection (g) must include a
13provision allowing for consideration of any mitigating
14factors, including, but not limited to, a student's status as
15a parent, expectant parent, or victim of domestic or sexual
16violence, as defined in Article 26A.
17    (h) School officials shall not advise or encourage
18students to drop out voluntarily due to behavioral or academic
19difficulties.
20    (i) A student may not be issued a monetary fine or fee as a
21disciplinary consequence, though this shall not preclude
22requiring a student to provide restitution for lost, stolen,
23or damaged property.
24    (j) Subsections (a) through (i) of this Section shall
25apply to elementary and secondary schools, charter schools,
26special charter districts, and school districts organized

 

 

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1under Article 34 of this Code.
2    (k) The expulsion of children enrolled in programs funded
3under Section 1C-2 of this Code is subject to the requirements
4under paragraph (7) of subsection (a) of Section 2-3.71 of
5this Code.
6    (l) Beginning with the 2018-2019 school year, an in-school
7suspension program provided by a school district for any
8students in kindergarten through grade 12 may focus on
9promoting non-violent conflict resolution and positive
10interaction with other students and school personnel. A school
11district may employ a school social worker or a licensed
12mental health professional to oversee an in-school suspension
13program in kindergarten through grade 12.
14(Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25;
15102-539, eff. 8-20-21; revised 9-23-21.)
 
16    Section 95. No acceleration or delay. Where this Act makes
17changes in a statute that is represented in this Act by text
18that is not yet or no longer in effect (for example, a Section
19represented by multiple versions), the use of that text does
20not accelerate or delay the taking effect of (i) the changes
21made by this Act or (ii) provisions derived from any other
22Public Act.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.".