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90_HB2614
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Code. Makes changes of style and
punctuation and adds a gender neutral reference to a Section
of the School Code relating to the suspension or expulsion of
pupils.
LRB9009205THcd
LRB9009205THcd
1 AN ACT to amend the School Code by changing Section
2 10-22.6.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Section 10-22.6 as follows:
7 (105 ILCS 5/10-22.6) (from Ch. 122, par. 10-22.6)
8 Sec. 10-22.6. Suspension or expulsion of pupils; school
9 searches.
10 (a) To expel pupils guilty of gross disobedience or
11 misconduct, and no action shall lie against them for such
12 expulsion. Expulsion shall take place only after the parents
13 have been requested to appear at a meeting of the board, or
14 with a hearing officer appointed by the board it, to discuss
15 their child's behavior. Such request shall be made by
16 registered or certified mail and shall state the time, place
17 and purpose of the meeting. The board, or a hearing officer
18 appointed by it, at such meeting shall state the reasons for
19 dismissal and the date on which the expulsion is to become
20 effective. If a hearing officer is appointed by the board he
21 or she shall report to the board a written summary of the
22 evidence heard at the meeting, and the board may take such
23 action thereon as it finds appropriate.
24 (b) To suspend or by regulation to authorize the
25 superintendent of the district or the principal, assistant
26 principal, or dean of students of any school to suspend
27 pupils guilty of gross disobedience or misconduct, or to
28 suspend pupils guilty of gross disobedience or misconduct on
29 the school bus from riding the school bus, and no action
30 shall lie against them for such suspension. The board may by
31 regulation authorize the superintendent of the district or
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1 the principal, assistant principal, or dean of students of
2 any school to suspend pupils guilty of such acts for a period
3 not to exceed 10 school days. If a pupil is suspended due to
4 gross disobedience or misconduct on a school bus, the board
5 may suspend the pupil in excess of 10 school days for safety
6 reasons. Any suspension shall be reported immediately to the
7 parents or guardian of such pupil along with a full statement
8 of the reasons for such suspension and a notice of their
9 right to a review, a copy of which shall be given to the
10 school board. Upon request of the parents or guardian the
11 school board or a hearing officer appointed by it shall
12 review such action of the superintendent or principal,
13 assistant principal, or dean of students. At such review the
14 parents or guardian of the pupil may appear and discuss the
15 suspension with the board or its hearing officer. If a
16 hearing officer is appointed by the board he shall report to
17 the board a written summary of the evidence heard at the
18 meeting. After its hearing or upon receipt of the written
19 report of its hearing officer, the board may take such action
20 as it finds appropriate.
21 (c) The Department of Human Services shall be invited to
22 send a representative to consult with the board at such
23 meeting whenever there is evidence that mental illness may be
24 the cause for expulsion or suspension.
25 (d) The board may expel a student for a definite period
26 of time not to exceed 2 calendar years, as determined on a
27 case by case basis. A student who is determined to have
28 brought a weapon to school, any school-sponsored activity or
29 event, or any activity or event which bears a reasonable
30 relationship to school shall be expelled for a period of not
31 less than one year, except that the expulsion period may be
32 modified by the board on a case by case basis. For purposes
33 of this Section, the term "weapon" means possession, use,
34 control or transfer of any object which may be used to cause
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1 bodily harm, including but not limited to a weapon as defined
2 by Section 921 of Title 18, United States Code, firearm as
3 defined in Section 1.1 of the Firearm Owners Identification
4 Act, use of weapon as defined in Section 24-1 of the Criminal
5 Code, knives, guns, firearms, rifles, shotguns, brass
6 knuckles, billy clubs, or "look-alikes" thereof. Such items
7 as baseball bats, pipes, bottles, locks, sticks, pencils, and
8 pens may be considered weapons if used or attempted to be
9 used to cause bodily harm. Expulsion or suspension shall be
10 construed in a manner consistent with the Federal Individuals
11 with Disabilities Education Act. A student who is subject to
12 suspension or expulsion as provided in this Section may be
13 eligible for a transfer to an alternative school program in
14 accordance with Article 13A of the School Code. The
15 provisions of this subsection (d) apply in all school
16 districts, including special charter districts and districts
17 organized under Article 34.
18 (e) To maintain order and security in the schools,
19 school authorities may inspect and search places and areas
20 such as lockers, desks, parking lots, and other school
21 property and equipment owned or controlled by the school, as
22 well as personal effects left in those places and areas by
23 students, without notice to or the consent of the student,
24 and without a search warrant. As a matter of public policy,
25 the General Assembly finds that students have no reasonable
26 expectation of privacy in these places and areas or in their
27 personal effects left in these places and areas. School
28 authorities may request the assistance of law enforcement
29 officials for the purpose of conducting inspections and
30 searches of lockers, desks, parking lots, and other school
31 property and equipment owned or controlled by the school for
32 illegal drugs, weapons, or other illegal or dangerous
33 substances or materials, including searches conducted through
34 the use of specially trained dogs. If a search conducted in
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1 accordance with this Section produces evidence that the
2 student has violated or is violating either the law, local
3 ordinance, or the school's policies or rules, such evidence
4 may be seized by school authorities, and disciplinary action
5 may be taken. School authorities may also turn over such
6 evidence to law enforcement authorities. The provisions of
7 this subsection (e) apply in all school districts, including
8 special charter districts and districts organized under
9 Article 34.
10 (f) Suspension or expulsion may include suspension or
11 expulsion from school and all school activities and a
12 prohibition from being present on school grounds.
13 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
14 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
15 1-1-98.)