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90_HB3211
105 ILCS 5/10-22.6 from Ch. 122, par. 10-22.6
Amends the School Code. In the provisions relating to
the expulsion of students for bringing a weapon to school or
school-sponsored or school-related activities or events,
provides that if the student is in any of grades K through 6
the student may be expelled for not less than one year,
subject to modification of the expulsion period. For
students in grades 7 through 12, continues to require (as
does current law) that the student be expelled for at least
one year unless the expulsion period is modified.
LRB9010667THpk
LRB9010667THpk
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 it, to discuss their
15 child's behavior. Such request shall be made by registered or
16 certified mail and shall state the time, place and purpose of
17 the meeting. The board, or a hearing officer appointed by it,
18 at such meeting shall state the reasons for dismissal and the
19 date on which the expulsion is to become effective. If a
20 hearing officer is appointed by the board he shall report to
21 the board a written summary of the evidence heard at the
22 meeting and the board may take such action thereon as it
23 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 in any of grades 7 through 12
28 who is determined to have brought a weapon to school, any
29 school-sponsored activity or event, or any activity or event
30 which bears a reasonable relationship to school shall be
31 expelled for a period of not less than one year, except that
32 the expulsion period may be modified by the board on a case
33 by case basis. A student in kindergarten or any of grades
34 one through 6 who is determined to have brought a weapon to
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1 school, any school-sponsored activity or event, or any
2 activity or event which bears a reasonable relationship to
3 school, may be expelled for a period of not less than one
4 year, except the superintendent of the district may recommend
5 a modified expulsion period to be determined by the board on
6 a case by case basis. A student who is determined to have
7 brought a weapon to school, any school-sponsored activity or
8 event, or any activity or event which bears a reasonable
9 relationship to school shall be expelled for a period of not
10 less than one year, except that the expulsion period may be
11 modified by the board on a case by case basis. For purposes
12 of this Section, the term "weapon" means possession, use,
13 control or transfer of any object which may be used to cause
14 bodily harm, including but not limited to a weapon as defined
15 by Section 921 of Title 18, United States Code, firearm as
16 defined in Section 1.1 of the Firearm Owners Identification
17 Act, use of weapon as defined in Section 24-1 of the Criminal
18 Code, knives, guns, firearms, rifles, shotguns, brass
19 knuckles, billy clubs, or "look-alikes" thereof. Such items
20 as baseball bats, pipes, bottles, locks, sticks, pencils, and
21 pens may be considered weapons if used or attempted to be
22 used to cause bodily harm. Expulsion or suspension shall be
23 construed in a manner consistent with the Federal Individuals
24 with Disabilities Education Act. A student who is subject to
25 suspension or expulsion as provided in this Section may be
26 eligible for a transfer to an alternative school program in
27 accordance with Article 13A of the School Code. The
28 provisions of this subsection (d) apply in all school
29 districts, including special charter districts and districts
30 organized under Article 34.
31 (e) To maintain order and security in the schools,
32 school authorities may inspect and search places and areas
33 such as lockers, desks, parking lots, and other school
34 property and equipment owned or controlled by the school, as
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1 well as personal effects left in those places and areas by
2 students, without notice to or the consent of the student,
3 and without a search warrant. As a matter of public policy,
4 the General Assembly finds that students have no reasonable
5 expectation of privacy in these places and areas or in their
6 personal effects left in these places and areas. School
7 authorities may request the assistance of law enforcement
8 officials for the purpose of conducting inspections and
9 searches of lockers, desks, parking lots, and other school
10 property and equipment owned or controlled by the school for
11 illegal drugs, weapons, or other illegal or dangerous
12 substances or materials, including searches conducted through
13 the use of specially trained dogs. If a search conducted in
14 accordance with this Section produces evidence that the
15 student has violated or is violating either the law, local
16 ordinance, or the school's policies or rules, such evidence
17 may be seized by school authorities, and disciplinary action
18 may be taken. School authorities may also turn over such
19 evidence to law enforcement authorities. The provisions of
20 this subsection (e) apply in all school districts, including
21 special charter districts and districts organized under
22 Article 34.
23 (f) Suspension or expulsion may include suspension or
24 expulsion from school and all school activities and a
25 prohibition from being present on school grounds.
26 (Source: P.A. 89-371, eff. 1-1-96; 89-507, eff. 7-1-97;
27 89-610, eff. 8-6-96; P.A. 90-14, eff. 7-1-97; 90-548, eff.
28 1-1-98.)