Full Text of SB1400 103rd General Assembly
SB1400enr 103RD GENERAL ASSEMBLY | | | SB1400 Enrolled | | LRB103 25975 RJT 52329 b |
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| 1 | | AN ACT concerning education. | 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly: | 4 | | Section 5. The School Code is amended by changing Sections | 5 | | 10-20.14 and 10-22.6 as follows: | 6 | | (105 ILCS 5/10-20.14) (from Ch. 122, par. 10-20.14) | 7 | | Sec. 10-20.14. Student discipline policies; parent-teacher | 8 | | advisory committee. | 9 | | (a) To establish and maintain a parent-teacher advisory | 10 | | committee to develop with the school board or governing body | 11 | | of a charter school policy guidelines on student pupil | 12 | | discipline, including school searches and bullying prevention | 13 | | as set forth in Section 27-23.7 of this Code. School | 14 | | authorities shall furnish a copy of the policy to the parents | 15 | | or guardian of each student pupil within 15 days after the | 16 | | beginning of the school year, or within 15 days after starting | 17 | | classes for a student pupil who transfers into the district | 18 | | during the school year, and the school board or governing body | 19 | | of a charter school shall require that a school inform its | 20 | | students pupils of the contents of the policy. School boards | 21 | | and the governing bodies of charter schools, along with the | 22 | | parent-teacher advisory committee, must annually review their | 23 | | student pupil discipline policies and , the implementation of |
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| 1 | | those policies , and any other factors related to the safety of | 2 | | their schools, students pupils , and school personnel staff . | 3 | | (a-5) On or before September 15, 2016, each elementary and | 4 | | secondary school and charter school shall, at a minimum, adopt | 5 | | student pupil discipline policies that fulfill the | 6 | | requirements set forth in this Section, subsections (a) and | 7 | | (b) of Section 10-22.6 of this Code, Section 34-19 of this Code | 8 | | if applicable, and federal and State laws that provide special | 9 | | requirements for the discipline of students with disabilities. | 10 | | (b) The parent-teacher advisory committee in cooperation | 11 | | with local law enforcement agencies shall develop, with the | 12 | | school board, policy guideline procedures to establish and | 13 | | maintain a reciprocal reporting system between the school | 14 | | district and local law enforcement agencies regarding criminal | 15 | | offenses committed by students. School districts are | 16 | | encouraged to create memoranda of understanding with local law | 17 | | enforcement agencies that clearly define law enforcement's | 18 | | role in schools, in accordance with Section 10-22.6 of this | 19 | | Code. In consultation with stakeholders deemed appropriate by | 20 | | the State Board of Education, the State Board of Education | 21 | | shall draft and publish guidance for the development of | 22 | | reciprocal reporting systems in accordance with this Section | 23 | | on or before July 1, 2025. | 24 | | (c) The parent-teacher advisory committee, in cooperation | 25 | | with school bus personnel, shall develop, with the school | 26 | | board, policy guideline procedures to establish and maintain |
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| 1 | | school bus safety procedures. These procedures shall be | 2 | | incorporated into the district's student pupil discipline | 3 | | policy. In consultation with stakeholders deemed appropriate | 4 | | by the State Board of Education, the State Board of Education | 5 | | shall draft and publish guidance for school bus safety | 6 | | procedures in accordance with this Section on or before July | 7 | | 1, 2025. | 8 | | (d) As used in this subsection (d), "evidence-based | 9 | | intervention" means intervention that has demonstrated a | 10 | | statistically significant effect on improving student outcomes | 11 | | as documented in peer-reviewed scholarly journals. | 12 | | The school board, in consultation with the parent-teacher | 13 | | advisory committee and other community-based organizations, | 14 | | must include provisions in the student discipline policy to | 15 | | address students who have demonstrated behaviors that put them | 16 | | at risk for aggressive behavior, including without limitation | 17 | | bullying, as defined in the policy. These provisions must | 18 | | include procedures for notifying parents or legal guardians | 19 | | and early intervention procedures based upon available | 20 | | community-based and district resources. | 21 | | In consultation with behavioral health experts, the State | 22 | | Board of Education shall draft and publish guidance for | 23 | | evidence-based intervention procedures, including examples, in | 24 | | accordance with this Section on or before July 1, 2025. | 25 | | (Source: P.A. 99-456, eff. 9-15-16 .) |
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| 1 | | (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6) | 2 | | (Text of Section before amendment by P.A. 102-466 ) | 3 | | Sec. 10-22.6. Suspension or expulsion of students pupils ; | 4 | | school searches. | 5 | | (a) To expel students pupils guilty of gross disobedience | 6 | | or misconduct, including gross disobedience or misconduct | 7 | | perpetuated by electronic means, pursuant to subsection (b-20) | 8 | | of this Section, and no action shall lie against them for such | 9 | | expulsion. Expulsion shall take place only after the parents | 10 | | have been requested to appear at a meeting of the board, or | 11 | | with a hearing officer appointed by it, to discuss their | 12 | | child's behavior. Such request shall be made by registered or | 13 | | certified mail and shall state the time, place and purpose of | 14 | | the meeting. The board, or a hearing officer appointed by it, | 15 | | at such meeting shall state the reasons for dismissal and the | 16 | | date on which the expulsion is to become effective. If a | 17 | | hearing officer is appointed by the board, the hearing officer | 18 | | he shall report to the board a written summary of the evidence | 19 | | heard at the meeting and the board may take such action thereon | 20 | | as it finds appropriate. If the board acts to expel a student | 21 | | pupil , the written expulsion decision shall detail the | 22 | | specific reasons why removing the student pupil from the | 23 | | learning environment is in the best interest of the school. | 24 | | The expulsion decision shall also include a rationale as to | 25 | | the specific duration of the expulsion. An expelled student | 26 | | pupil may be immediately transferred to an alternative program |
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| 1 | | in the manner provided in Article 13A or 13B of this Code. A | 2 | | student pupil must not be denied transfer because of the | 3 | | expulsion, except in cases in which such transfer is deemed to | 4 | | cause a threat to the safety of students or staff in the | 5 | | alternative program. | 6 | | (b) To suspend or by policy to authorize the | 7 | | superintendent of the district or the principal, assistant | 8 | | principal, or dean of students of any school to suspend | 9 | | students pupils guilty of gross disobedience or misconduct, or | 10 | | to suspend students pupils guilty of gross disobedience or | 11 | | misconduct on the school bus from riding the school bus, | 12 | | pursuant to subsections (b-15) and (b-20) of this Section, and | 13 | | no action shall lie against them for such suspension. The | 14 | | board may by policy authorize the superintendent of the | 15 | | district or the principal, assistant principal, or dean of | 16 | | students of any school to suspend students pupils guilty of | 17 | | such acts for a period not to exceed 10 school days. If a | 18 | | student pupil is suspended due to gross disobedience or | 19 | | misconduct on a school bus, the board may suspend the student | 20 | | pupil in excess of 10 school days for safety reasons. | 21 | | Any suspension shall be reported immediately to the | 22 | | parents or guardian of a student pupil along with a full | 23 | | statement of the reasons for such suspension and a notice of | 24 | | their right to a review. The school board must be given a | 25 | | summary of the notice, including the reason for the suspension | 26 | | and the suspension length. Upon request of the parents or |
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| 1 | | guardian, the school board or a hearing officer appointed by | 2 | | it shall review such action of the superintendent or | 3 | | principal, assistant principal, or dean of students. At such | 4 | | review, the parents or guardian of the student pupil may | 5 | | appear and discuss the suspension with the board or its | 6 | | hearing officer. If a hearing officer is appointed by the | 7 | | board, he shall report to the board a written summary of the | 8 | | evidence heard at the meeting. After its hearing or upon | 9 | | receipt of the written report of its hearing officer, the | 10 | | board may take such action as it finds appropriate. If a | 11 | | student is suspended pursuant to this subsection (b), the | 12 | | board shall, in the written suspension decision, detail the | 13 | | specific act of gross disobedience or misconduct resulting in | 14 | | the decision to suspend. The suspension decision shall also | 15 | | include a rationale as to the specific duration of the | 16 | | suspension. A pupil who is suspended in excess of 20 school | 17 | | days may be immediately transferred to an alternative program | 18 | | in the manner provided in Article 13A or 13B of this Code. A | 19 | | pupil must not be denied transfer because of the suspension, | 20 | | except in cases in which such transfer is deemed to cause a | 21 | | threat to the safety of students or staff in the alternative | 22 | | program. | 23 | | (b-5) Among the many possible disciplinary interventions | 24 | | and consequences available to school officials, school | 25 | | exclusions, such as out-of-school suspensions and expulsions, | 26 | | are the most serious. School officials shall limit the number |
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| 1 | | and duration of expulsions and suspensions to the greatest | 2 | | extent practicable, and it is recommended that they use them | 3 | | only for legitimate educational purposes. To ensure that | 4 | | students are not excluded from school unnecessarily, it is | 5 | | recommended that school officials consider forms of | 6 | | non-exclusionary discipline prior to using out-of-school | 7 | | suspensions or expulsions. | 8 | | (b-10) Unless otherwise required by federal law or this | 9 | | Code, school boards may not institute zero-tolerance policies | 10 | | by which school administrators are required to suspend or | 11 | | expel students for particular behaviors. | 12 | | (b-15) Out-of-school suspensions of 3 days or less may be | 13 | | used only if the student's continuing presence in school would | 14 | | pose a threat to school safety or a disruption to other | 15 | | students' learning opportunities. For purposes of this | 16 | | subsection (b-15), "threat to school safety or a disruption to | 17 | | other students' learning opportunities" shall be determined on | 18 | | a case-by-case basis by the school board or its designee. | 19 | | School officials shall make all reasonable efforts to resolve | 20 | | such threats, address such disruptions, and minimize the | 21 | | length of suspensions to the greatest extent practicable. | 22 | | (b-20) Unless otherwise required by this Code, | 23 | | out-of-school suspensions of longer than 3 days, expulsions, | 24 | | and disciplinary removals to alternative schools may be used | 25 | | only if other appropriate and available behavioral and | 26 | | disciplinary interventions have been exhausted and the |
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| 1 | | student's continuing presence in school would either (i) pose | 2 | | a threat to the safety of other students, staff, or members of | 3 | | the school community or (ii) substantially disrupt, impede, or | 4 | | interfere with the operation of the school. For purposes of | 5 | | this subsection (b-20), "threat to the safety of other | 6 | | students, staff, or members of the school community" and | 7 | | "substantially disrupt, impede, or interfere with the | 8 | | operation of the school" shall be determined on a case-by-case | 9 | | basis by school officials. For purposes of this subsection | 10 | | (b-20), the determination of whether "appropriate and | 11 | | available behavioral and disciplinary interventions have been | 12 | | exhausted" shall be made by school officials. School officials | 13 | | shall make all reasonable efforts to resolve such threats, | 14 | | address such disruptions, and minimize the length of student | 15 | | exclusions to the greatest extent practicable. Within the | 16 | | suspension decision described in subsection (b) of this | 17 | | Section or the expulsion decision described in subsection (a) | 18 | | of this Section, it shall be documented whether other | 19 | | interventions were attempted or whether it was determined that | 20 | | there were no other appropriate and available interventions. | 21 | | (b-25) Students who are suspended out-of-school for longer | 22 | | than 3 4 school days shall be provided appropriate and | 23 | | available support services during the period of their | 24 | | suspension. For purposes of this subsection (b-25), | 25 | | "appropriate and available support services" shall be | 26 | | determined by school authorities. Within the suspension |
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| 1 | | decision described in subsection (b) of this Section, it shall | 2 | | be documented whether such services are to be provided or | 3 | | whether it was determined that there are no such appropriate | 4 | | and available services. | 5 | | A school district may refer students who are expelled to | 6 | | appropriate and available support services. | 7 | | A school district shall create a policy to facilitate the | 8 | | re-engagement of students who are suspended out-of-school, | 9 | | expelled, or returning from an alternative school setting. In | 10 | | consultation with stakeholders deemed appropriate by the State | 11 | | Board of Education, the State Board of Education shall draft | 12 | | and publish guidance for the re-engagement of students who are | 13 | | suspended out-of-school, expelled, or returning from an | 14 | | alternative school setting in accordance with this Section and | 15 | | Section 13A-4 on or before July 1, 2025. | 16 | | (b-30) A school district shall create a policy by which | 17 | | suspended students pupils , including those students pupils | 18 | | suspended from the school bus who do not have alternate | 19 | | transportation to school, shall have the opportunity to make | 20 | | up work for equivalent academic credit. It shall be the | 21 | | responsibility of a student's pupil's parent or guardian to | 22 | | notify school officials that a student pupil suspended from | 23 | | the school bus does not have alternate transportation to | 24 | | school. | 25 | | (c) A school board must invite a representative from a | 26 | | local mental health agency to consult with the board at the |
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| 1 | | meeting whenever there is evidence that mental illness may be | 2 | | the cause of a student's expulsion or suspension. | 3 | | (c-5) School districts shall make reasonable efforts to | 4 | | provide ongoing professional development to all school | 5 | | personnel teachers, administrators , school board members, and | 6 | | school resource officers, and staff on the requirements of | 7 | | this Section and Section 10-20.14, the adverse consequences of | 8 | | school exclusion and justice-system involvement, effective | 9 | | classroom management strategies, culturally responsive | 10 | | discipline, trauma-responsive learning environments, as | 11 | | defined in subsection (b) of Section 3-11, the appropriate and | 12 | | available supportive services for the promotion of student | 13 | | attendance and engagement, and developmentally appropriate | 14 | | disciplinary methods that promote positive and healthy school | 15 | | climates. | 16 | | (d) The board may expel a student for a definite period of | 17 | | time not to exceed 2 calendar years, as determined on a | 18 | | case-by-case basis. A student who is determined to have | 19 | | brought one of the following objects to school, any | 20 | | school-sponsored activity or event, or any activity or event | 21 | | that bears a reasonable relationship to school shall be | 22 | | expelled for a period of not less than one year: | 23 | | (1) A firearm. For the purposes of this Section, | 24 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 25 | | by Section 921 of Title 18 of the United States Code, | 26 | | firearm as defined in Section 1.1 of the Firearm Owners |
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| 1 | | Identification Card Act, or firearm as defined in Section | 2 | | 24-1 of the Criminal Code of 2012. The expulsion period | 3 | | under this subdivision (1) may be modified by the | 4 | | superintendent, and the superintendent's determination may | 5 | | be modified by the board on a case-by-case basis. | 6 | | (2) A knife, brass knuckles or other knuckle weapon | 7 | | regardless of its composition, a billy club, or any other | 8 | | object if used or attempted to be used to cause bodily | 9 | | harm, including "look alikes" of any firearm as defined in | 10 | | subdivision (1) of this subsection (d). The expulsion | 11 | | requirement under this subdivision (2) may be modified by | 12 | | the superintendent, and the superintendent's determination | 13 | | may be modified by the board on a case-by-case basis. | 14 | | Expulsion or suspension shall be construed in a manner | 15 | | consistent with the federal Individuals with Disabilities | 16 | | Education Act. A student who is subject to suspension or | 17 | | expulsion as provided in this Section may be eligible for a | 18 | | transfer to an alternative school program in accordance with | 19 | | Article 13A of the School Code. | 20 | | (d-5) The board may suspend or by regulation authorize the | 21 | | superintendent of the district or the principal, assistant | 22 | | principal, or dean of students of any school to suspend a | 23 | | student for a period not to exceed 10 school days or may expel | 24 | | a student for a definite period of time not to exceed 2 | 25 | | calendar years, as determined on a case-by-case basis, if (i) | 26 | | that student has been determined to have made an explicit |
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| 1 | | threat on an Internet website against a school employee, a | 2 | | student, or any school-related personnel, (ii) the Internet | 3 | | website through which the threat was made is a site that was | 4 | | accessible within the school at the time the threat was made or | 5 | | was available to third parties who worked or studied within | 6 | | the school grounds at the time the threat was made, and (iii) | 7 | | the threat could be reasonably interpreted as threatening to | 8 | | the safety and security of the threatened individual because | 9 | | of the individual's his or her duties or employment status or | 10 | | status as a student inside the school. | 11 | | (e) To maintain order and security in the schools, school | 12 | | authorities may inspect and search places and areas such as | 13 | | lockers, desks, parking lots, and other school property and | 14 | | equipment owned or controlled by the school, as well as | 15 | | personal effects left in those places and areas by students, | 16 | | without notice to or the consent of the student, and without a | 17 | | search warrant. As a matter of public policy, the General | 18 | | Assembly finds that students have no reasonable expectation of | 19 | | privacy in these places and areas or in their personal effects | 20 | | left in these places and areas. School authorities may request | 21 | | the assistance of law enforcement officials for the purpose of | 22 | | conducting inspections and searches of lockers, desks, parking | 23 | | lots, and other school property and equipment owned or | 24 | | controlled by the school for illegal drugs, weapons, or other | 25 | | illegal or dangerous substances or materials, including | 26 | | searches conducted through the use of specially trained dogs. |
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| 1 | | If a search conducted in accordance with this Section produces | 2 | | evidence that the student has violated or is violating either | 3 | | the law, local ordinance, or the school's policies or rules, | 4 | | such evidence may be seized by school authorities, and | 5 | | disciplinary action may be taken. School authorities may also | 6 | | turn over such evidence to law enforcement authorities. | 7 | | (f) Suspension or expulsion may include suspension or | 8 | | expulsion from school and all school activities and a | 9 | | prohibition from being present on school grounds. | 10 | | (g) A school district may adopt a policy providing that if | 11 | | a student is suspended or expelled for any reason from any | 12 | | public or private school in this or any other state, the | 13 | | student must complete the entire term of the suspension or | 14 | | expulsion in an alternative school program under Article 13A | 15 | | of this Code or an alternative learning opportunities program | 16 | | under Article 13B of this Code before being admitted into the | 17 | | school district if there is no threat to the safety of students | 18 | | or staff in the alternative program. | 19 | | (h) School officials shall not advise or encourage | 20 | | students to drop out voluntarily due to behavioral or academic | 21 | | difficulties. | 22 | | (i) A student may not be issued a monetary fine or fee as a | 23 | | disciplinary consequence, though this shall not preclude | 24 | | requiring a student to provide restitution for lost, stolen, | 25 | | or damaged property. | 26 | | (j) Subsections (a) through (i) of this Section shall |
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| 1 | | apply to elementary and secondary schools, charter schools, | 2 | | special charter districts, and school districts organized | 3 | | under Article 34 of this Code. | 4 | | (k) The expulsion of students children enrolled in | 5 | | programs funded under Section 1C-2 of this Code is subject to | 6 | | the requirements under paragraph (7) of subsection (a) of | 7 | | Section 2-3.71 of this Code. | 8 | | (l) An Beginning with the 2018-2019 school year, an | 9 | | in-school suspension program provided by a school district for | 10 | | any students in kindergarten through grade 12 may focus on | 11 | | promoting non-violent conflict resolution and positive | 12 | | interaction with other students and school personnel. A school | 13 | | district may employ a school social worker or a licensed | 14 | | mental health professional to oversee an in-school suspension | 15 | | program in kindergarten through grade 12. | 16 | | (Source: P.A. 101-81, eff. 7-12-19; 102-539, eff. 8-20-21; | 17 | | 102-813, eff. 5-13-22.) | 18 | | (Text of Section after amendment by P.A. 102-466 ) | 19 | | Sec. 10-22.6. Suspension or expulsion of students pupils ; | 20 | | school searches. | 21 | | (a) To expel students pupils guilty of gross disobedience | 22 | | or misconduct, including gross disobedience or misconduct | 23 | | perpetuated by electronic means, pursuant to subsection (b-20) | 24 | | of this Section, and no action shall lie against them for such | 25 | | expulsion. Expulsion shall take place only after the parents |
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| 1 | | or guardians have been requested to appear at a meeting of the | 2 | | board, or with a hearing officer appointed by it, to discuss | 3 | | their child's behavior. Such request shall be made by | 4 | | registered or certified mail and shall state the time, place | 5 | | and purpose of the meeting. The board, or a hearing officer | 6 | | appointed by it, at such meeting shall state the reasons for | 7 | | dismissal and the date on which the expulsion is to become | 8 | | effective. If a hearing officer is appointed by the board, the | 9 | | hearing officer he shall report to the board a written summary | 10 | | of the evidence heard at the meeting and the board may take | 11 | | such action thereon as it finds appropriate. If the board acts | 12 | | to expel a student pupil , the written expulsion decision shall | 13 | | detail the specific reasons why removing the student pupil | 14 | | from the learning environment is in the best interest of the | 15 | | school. The expulsion decision shall also include a rationale | 16 | | as to the specific duration of the expulsion. An expelled | 17 | | student pupil may be immediately transferred to an alternative | 18 | | program in the manner provided in Article 13A or 13B of this | 19 | | Code. A student pupil must not be denied transfer because of | 20 | | the expulsion, except in cases in which such transfer is | 21 | | deemed to cause a threat to the safety of students or staff in | 22 | | the alternative program. | 23 | | (b) To suspend or by policy to authorize the | 24 | | superintendent of the district or the principal, assistant | 25 | | principal, or dean of students of any school to suspend | 26 | | students pupils guilty of gross disobedience or misconduct, or |
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| 1 | | to suspend students pupils guilty of gross disobedience or | 2 | | misconduct on the school bus from riding the school bus, | 3 | | pursuant to subsections (b-15) and (b-20) of this Section, and | 4 | | no action shall lie against them for such suspension. The | 5 | | board may by policy authorize the superintendent of the | 6 | | district or the principal, assistant principal, or dean of | 7 | | students of any school to suspend students pupils guilty of | 8 | | such acts for a period not to exceed 10 school days. If a | 9 | | student pupil is suspended due to gross disobedience or | 10 | | misconduct on a school bus, the board may suspend the student | 11 | | pupil in excess of 10 school days for safety reasons. | 12 | | Any suspension shall be reported immediately to the | 13 | | parents or guardians of a student pupil along with a full | 14 | | statement of the reasons for such suspension and a notice of | 15 | | their right to a review. The school board must be given a | 16 | | summary of the notice, including the reason for the suspension | 17 | | and the suspension length. Upon request of the parents or | 18 | | guardians, the school board or a hearing officer appointed by | 19 | | it shall review such action of the superintendent or | 20 | | principal, assistant principal, or dean of students. At such | 21 | | review, the parents or guardians of the student pupil may | 22 | | appear and discuss the suspension with the board or its | 23 | | hearing officer. If a hearing officer is appointed by the | 24 | | board, he shall report to the board a written summary of the | 25 | | evidence heard at the meeting. After its hearing or upon | 26 | | receipt of the written report of its hearing officer, the |
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| 1 | | board may take such action as it finds appropriate. If a | 2 | | student is suspended pursuant to this subsection (b), the | 3 | | board shall, in the written suspension decision, detail the | 4 | | specific act of gross disobedience or misconduct resulting in | 5 | | the decision to suspend. The suspension decision shall also | 6 | | include a rationale as to the specific duration of the | 7 | | suspension. A pupil who is suspended in excess of 20 school | 8 | | days may be immediately transferred to an alternative program | 9 | | in the manner provided in Article 13A or 13B of this Code. A | 10 | | pupil must not be denied transfer because of the suspension, | 11 | | except in cases in which such transfer is deemed to cause a | 12 | | threat to the safety of students or staff in the alternative | 13 | | program. | 14 | | (b-5) Among the many possible disciplinary interventions | 15 | | and consequences available to school officials, school | 16 | | exclusions, such as out-of-school suspensions and expulsions, | 17 | | are the most serious. School officials shall limit the number | 18 | | and duration of expulsions and suspensions to the greatest | 19 | | extent practicable, and it is recommended that they use them | 20 | | only for legitimate educational purposes. To ensure that | 21 | | students are not excluded from school unnecessarily, it is | 22 | | recommended that school officials consider forms of | 23 | | non-exclusionary discipline prior to using out-of-school | 24 | | suspensions or expulsions. | 25 | | (b-10) Unless otherwise required by federal law or this | 26 | | Code, school boards may not institute zero-tolerance policies |
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| 1 | | by which school administrators are required to suspend or | 2 | | expel students for particular behaviors. | 3 | | (b-15) Out-of-school suspensions of 3 days or less may be | 4 | | used only if the student's continuing presence in school would | 5 | | pose a threat to school safety or a disruption to other | 6 | | students' learning opportunities. For purposes of this | 7 | | subsection (b-15), "threat to school safety or a disruption to | 8 | | other students' learning opportunities" shall be determined on | 9 | | a case-by-case basis by the school board or its designee. | 10 | | School officials shall make all reasonable efforts to resolve | 11 | | such threats, address such disruptions, and minimize the | 12 | | length of suspensions to the greatest extent practicable. | 13 | | (b-20) Unless otherwise required by this Code, | 14 | | out-of-school suspensions of longer than 3 days, expulsions, | 15 | | and disciplinary removals to alternative schools may be used | 16 | | only if other appropriate and available behavioral and | 17 | | disciplinary interventions have been exhausted and the | 18 | | student's continuing presence in school would either (i) pose | 19 | | a threat to the safety of other students, staff, or members of | 20 | | the school community or (ii) substantially disrupt, impede, or | 21 | | interfere with the operation of the school. For purposes of | 22 | | this subsection (b-20), "threat to the safety of other | 23 | | students, staff, or members of the school community" and | 24 | | "substantially disrupt, impede, or interfere with the | 25 | | operation of the school" shall be determined on a case-by-case | 26 | | basis by school officials. For purposes of this subsection |
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| 1 | | (b-20), the determination of whether "appropriate and | 2 | | available behavioral and disciplinary interventions have been | 3 | | exhausted" shall be made by school officials. School officials | 4 | | shall make all reasonable efforts to resolve such threats, | 5 | | address such disruptions, and minimize the length of student | 6 | | exclusions to the greatest extent practicable. Within the | 7 | | suspension decision described in subsection (b) of this | 8 | | Section or the expulsion decision described in subsection (a) | 9 | | of this Section, it shall be documented whether other | 10 | | interventions were attempted or whether it was determined that | 11 | | there were no other appropriate and available interventions. | 12 | | (b-25) Students who are suspended out-of-school for longer | 13 | | than 3 4 school days shall be provided appropriate and | 14 | | available support services during the period of their | 15 | | suspension. For purposes of this subsection (b-25), | 16 | | "appropriate and available support services" shall be | 17 | | determined by school authorities. Within the suspension | 18 | | decision described in subsection (b) of this Section, it shall | 19 | | be documented whether such services are to be provided or | 20 | | whether it was determined that there are no such appropriate | 21 | | and available services. | 22 | | A school district may refer students who are expelled to | 23 | | appropriate and available support services. | 24 | | A school district shall create a policy to facilitate the | 25 | | re-engagement of students who are suspended out-of-school, | 26 | | expelled, or returning from an alternative school setting. In |
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| 1 | | consultation with stakeholders deemed appropriate by the State | 2 | | Board of Education, the State Board of Education shall draft | 3 | | and publish guidance for the re-engagement of students who are | 4 | | suspended out-of-school, expelled, or returning from an | 5 | | alternative school setting in accordance with this Section and | 6 | | Section 13A-4 on or before July 1, 2025. | 7 | | (b-30) A school district shall create a policy by which | 8 | | suspended students pupils , including those students pupils | 9 | | suspended from the school bus who do not have alternate | 10 | | transportation to school, shall have the opportunity to make | 11 | | up work for equivalent academic credit. It shall be the | 12 | | responsibility of a student's pupil's parents or guardians to | 13 | | notify school officials that a student pupil suspended from | 14 | | the school bus does not have alternate transportation to | 15 | | school. | 16 | | (b-35) In all suspension review hearings conducted under | 17 | | subsection (b) or expulsion hearings conducted under | 18 | | subsection (a), a student may disclose any factor to be | 19 | | considered in mitigation, including his or her status as a | 20 | | parent, expectant parent, or victim of domestic or sexual | 21 | | violence, as defined in Article 26A. A representative of the | 22 | | parent's or guardian's choice, or of the student's choice if | 23 | | emancipated, must be permitted to represent the student | 24 | | throughout the proceedings and to address the school board or | 25 | | its appointed hearing officer. With the approval of the | 26 | | student's parent or guardian, or of the student if |
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| 1 | | emancipated, a support person must be permitted to accompany | 2 | | the student to any disciplinary hearings or proceedings. The | 3 | | representative or support person must comply with any rules of | 4 | | the school district's hearing process. If the representative | 5 | | or support person violates the rules or engages in behavior or | 6 | | advocacy that harasses, abuses, or intimidates either party, a | 7 | | witness, or anyone else in attendance at the hearing, the | 8 | | representative or support person may be prohibited from | 9 | | further participation in the hearing or proceeding. A | 10 | | suspension or expulsion proceeding under this subsection | 11 | | (b-35) must be conducted independently from any ongoing | 12 | | criminal investigation or proceeding, and an absence of | 13 | | pending or possible criminal charges, criminal investigations, | 14 | | or proceedings may not be a factor in school disciplinary | 15 | | decisions. | 16 | | (b-40) During a suspension review hearing conducted under | 17 | | subsection (b) or an expulsion hearing conducted under | 18 | | subsection (a) that involves allegations of sexual violence by | 19 | | the student who is subject to discipline, neither the student | 20 | | nor his or her representative shall directly question nor have | 21 | | direct contact with the alleged victim. The student who is | 22 | | subject to discipline or his or her representative may, at the | 23 | | discretion and direction of the school board or its appointed | 24 | | hearing officer, suggest questions to be posed by the school | 25 | | board or its appointed hearing officer to the alleged victim. | 26 | | (c) A school board must invite a representative from a |
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| 1 | | local mental health agency to consult with the board at the | 2 | | meeting whenever there is evidence that mental illness may be | 3 | | the cause of a student's expulsion or suspension. | 4 | | (c-5) School districts shall make reasonable efforts to | 5 | | provide ongoing professional development to all school | 6 | | personnel teachers, administrators , school board members, and | 7 | | school resource officers , and staff on the requirements of | 8 | | this Section and Section 10-20.14, the adverse consequences of | 9 | | school exclusion and justice-system involvement, effective | 10 | | classroom management strategies, culturally responsive | 11 | | discipline, trauma-responsive learning environments, as | 12 | | defined in subsection (b) of Section 3-11, the appropriate and | 13 | | available supportive services for the promotion of student | 14 | | attendance and engagement, and developmentally appropriate | 15 | | disciplinary methods that promote positive and healthy school | 16 | | climates. | 17 | | (d) The board may expel a student for a definite period of | 18 | | time not to exceed 2 calendar years, as determined on a | 19 | | case-by-case basis. A student who is determined to have | 20 | | brought one of the following objects to school, any | 21 | | school-sponsored activity or event, or any activity or event | 22 | | that bears a reasonable relationship to school shall be | 23 | | expelled for a period of not less than one year: | 24 | | (1) A firearm. For the purposes of this Section, | 25 | | "firearm" means any gun, rifle, shotgun, weapon as defined | 26 | | by Section 921 of Title 18 of the United States Code, |
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| 1 | | firearm as defined in Section 1.1 of the Firearm Owners | 2 | | Identification Card Act, or firearm as defined in Section | 3 | | 24-1 of the Criminal Code of 2012. The expulsion period | 4 | | under this subdivision (1) may be modified by the | 5 | | superintendent, and the superintendent's determination may | 6 | | be modified by the board on a case-by-case basis. | 7 | | (2) A knife, brass knuckles or other knuckle weapon | 8 | | regardless of its composition, a billy club, or any other | 9 | | object if used or attempted to be used to cause bodily | 10 | | harm, including "look alikes" of any firearm as defined in | 11 | | subdivision (1) of this subsection (d). The expulsion | 12 | | requirement under this subdivision (2) may be modified by | 13 | | the superintendent, and the superintendent's determination | 14 | | may be modified by the board on a case-by-case basis. | 15 | | Expulsion or suspension shall be construed in a manner | 16 | | consistent with the federal Individuals with Disabilities | 17 | | Education Act. A student who is subject to suspension or | 18 | | expulsion as provided in this Section may be eligible for a | 19 | | transfer to an alternative school program in accordance with | 20 | | Article 13A of the School Code. | 21 | | (d-5) The board may suspend or by regulation authorize the | 22 | | superintendent of the district or the principal, assistant | 23 | | principal, or dean of students of any school to suspend a | 24 | | student for a period not to exceed 10 school days or may expel | 25 | | a student for a definite period of time not to exceed 2 | 26 | | calendar years, as determined on a case-by-case basis, if (i) |
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| 1 | | that student has been determined to have made an explicit | 2 | | threat on an Internet website against a school employee, a | 3 | | student, or any school-related personnel, (ii) the Internet | 4 | | website through which the threat was made is a site that was | 5 | | accessible within the school at the time the threat was made or | 6 | | was available to third parties who worked or studied within | 7 | | the school grounds at the time the threat was made, and (iii) | 8 | | the threat could be reasonably interpreted as threatening to | 9 | | the safety and security of the threatened individual because | 10 | | of the individual's his or her duties or employment status or | 11 | | status as a student inside the school. | 12 | | (e) To maintain order and security in the schools, school | 13 | | authorities may inspect and search places and areas such as | 14 | | lockers, desks, parking lots, and other school property and | 15 | | equipment owned or controlled by the school, as well as | 16 | | personal effects left in those places and areas by students, | 17 | | without notice to or the consent of the student, and without a | 18 | | search warrant. As a matter of public policy, the General | 19 | | Assembly finds that students have no reasonable expectation of | 20 | | privacy in these places and areas or in their personal effects | 21 | | left in these places and areas. School authorities may request | 22 | | the assistance of law enforcement officials for the purpose of | 23 | | conducting inspections and searches of lockers, desks, parking | 24 | | lots, and other school property and equipment owned or | 25 | | controlled by the school for illegal drugs, weapons, or other | 26 | | illegal or dangerous substances or materials, including |
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| 1 | | searches conducted through the use of specially trained dogs. | 2 | | If a search conducted in accordance with this Section produces | 3 | | evidence that the student has violated or is violating either | 4 | | the law, local ordinance, or the school's policies or rules, | 5 | | such evidence may be seized by school authorities, and | 6 | | disciplinary action may be taken. School authorities may also | 7 | | turn over such evidence to law enforcement authorities. | 8 | | (f) Suspension or expulsion may include suspension or | 9 | | expulsion from school and all school activities and a | 10 | | prohibition from being present on school grounds. | 11 | | (g) A school district may adopt a policy providing that if | 12 | | a student is suspended or expelled for any reason from any | 13 | | public or private school in this or any other state, the | 14 | | student must complete the entire term of the suspension or | 15 | | expulsion in an alternative school program under Article 13A | 16 | | of this Code or an alternative learning opportunities program | 17 | | under Article 13B of this Code before being admitted into the | 18 | | school district if there is no threat to the safety of students | 19 | | or staff in the alternative program. A school district that | 20 | | adopts a policy under this subsection (g) must include a | 21 | | provision allowing for consideration of any mitigating | 22 | | factors, including, but not limited to, a student's status as | 23 | | a parent, expectant parent, or victim of domestic or sexual | 24 | | violence, as defined in Article 26A. | 25 | | (h) School officials shall not advise or encourage | 26 | | students to drop out voluntarily due to behavioral or academic |
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| 1 | | difficulties. | 2 | | (i) A student may not be issued a monetary fine or fee as a | 3 | | disciplinary consequence, though this shall not preclude | 4 | | requiring a student to provide restitution for lost, stolen, | 5 | | or damaged property. | 6 | | (j) Subsections (a) through (i) of this Section shall | 7 | | apply to elementary and secondary schools, charter schools, | 8 | | special charter districts, and school districts organized | 9 | | under Article 34 of this Code. | 10 | | (k) The expulsion of students children enrolled in | 11 | | programs funded under Section 1C-2 of this Code is subject to | 12 | | the requirements under paragraph (7) of subsection (a) of | 13 | | Section 2-3.71 of this Code. | 14 | | (l) An Beginning with the 2018-2019 school year, an | 15 | | in-school suspension program provided by a school district for | 16 | | any students in kindergarten through grade 12 may focus on | 17 | | promoting non-violent conflict resolution and positive | 18 | | interaction with other students and school personnel. A school | 19 | | district may employ a school social worker or a licensed | 20 | | mental health professional to oversee an in-school suspension | 21 | | program in kindergarten through grade 12. | 22 | | (Source: P.A. 101-81, eff. 7-12-19; 102-466, eff. 7-1-25; | 23 | | 102-539, eff. 8-20-21; 102-813, eff. 5-13-22.) | 24 | | Section 95. No acceleration or delay. Where this Act makes | 25 | | changes in a statute that is represented in this Act by text |
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| 1 | | that is not yet or no longer in effect (for example, a Section | 2 | | represented by multiple versions), the use of that text does | 3 | | not accelerate or delay the taking effect of (i) the changes | 4 | | made by this Act or (ii) provisions derived from any other | 5 | | Public Act. | 6 | | Section 99. Effective date. This Act takes effect upon | 7 | | becoming law. |
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